Case details
Husband’s horseplay with ice caused wife’s fall, defense argued
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
ankle, sprain, strain
FACTS
On Sept. 23, 2011, plaintiff Glendy Lewis, 31, a Zumba dance instructor, ordered food at the register in the Taqueria Department of the Vallarta Supermarket located at 10950 Sherman Way, in Burbank. While she was ordering, Lewis admitted that her then husband grabbed ice from the adjacent soda display and placed it down her shirt. She admonished her then husband, so he picked up the ice and placed it back in the soda display. Lewis alleged that the occurred only once. After completing her order, Lewis turned around and began to walk away from the register. After taking five to eight steps away from the register, Lewis’ foot slipped, which caused her to stumble but not fall. She alleged that as a result, she sustained to her left knee and ankle. Lewis sued the operators of the supermarket, Vallarta Supermarkets Inc., Daniel Food Enterprises Inc. and Gonzalez Food Enterprises Inc. She alleged the defendants failed to address a dangerous condition. Lewis claimed that she slipped on water that did not come from her then husband’s action of putting ice down her shirt. Plaintiff’s counsel contended that the water constituted a dangerous condition and that simply having a soda display with ice present created the dangerous condition. Defense counsel contended that the water upon which Lewis slipped, but did not fall, existed solely due to Lewis and her then husband’s horseplay with ice. Counsel noted that Lewis was impeached by surveillance video, which was produced to plaintiff’s counsel during discovery, which showed that Lewis’ husband placed ice down her shirt, not once, but four times. Defense counsel noted that each time, Lewis shook out her shirt, which caused the ice to fall out of her shirt, hit the tile floor behind her, and scatter all over the sales floor area. In addition, defense counsel submitted evidence of the defendants’ store inspection policies and additional Taqueria Department inspection policies to prove that there was a reasonable inspection policy in place that was followed at the time of Lewis’ self-inflicted incident., The trial was bifurcated. Damages were not before the court. Lewis claimed that she suffered a sprain to her left ankle and a painful left knee injury. She alleged that she had a medical lien of approximately $10,000. Lewis further claimed that she was left with residual pain, swelling and loss of range of motion to her left ankle. Defense counsel would have argued that Lewis’ alleged were not causally related to the incident, noting that after her fall, Lewis walked out of the store and returned hours later to make a claim.
COURT
Superior Court of Los Angeles County, Pasadena, CA
Similar Cases
Negligent tire repair caused serious rollover crash: family
AMOUNT:
$375,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Steep, winding road caused multiple truck crashes: plaintiffs
AMOUNT:
$32,500,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Dangerous highway caused fatal multiple vehicle crash: suit
AMOUNT:
$18,681,052
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Applicant claimed future care needed after fall from roof
AMOUNT:
$3,500,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Roofer claimed he needs future care after fall from roof
AMOUNT:
$6,000,000
CASE RESULT:
Plaintiff won
INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
- Show More
- Show Less
CATEGORY:
Personal Injury
Plaintiff: Improperly trained delivery personnel caused injuries
AMOUNT:
$4,875,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury