Case details

Injuries from ceiling collapse left her dependent on others: plaintiff

SUMMARY

$275000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
foot, fracture, heel, incontinence, laceration, leg, toe, urological
FACTS
On Aug. 25, 2011, plaintiff Virginia McCleery, 87, a retiree, was sitting in the living room of her Los Angeles rental bungalow apartment when a large portion of the ceiling fell on her. McCleery sustained to her right leg and left big toe. McCleery sued Linder & Associates Real Estate Services, the management company of her apartment. McCleery alleged that the defendant negligently maintained the subject ceiling, causing it to weaken and collapse. Linder & Associates admitted liability, and the matter proceeded to a trial on damages., McCleery was taken by ambulance to an emergency room, where she was treated for significant lacerations to her right leg and a fractured left big toe. She then followed up with weekly skin debridements for three months. McCleery claimed that despite her pre-existing Alzheimer’s disease, she could ambulate with a walker and substantially perform her activities of daily living prior to the accident. However, she claimed that after the accident, she can no longer perform any of these activities and that she has become totally dependent on others, as her immobility caused her to suffer bowel and bladder incontinence, resulting in her need to be cleaned by her son or caretaker. Thus, McCleery claimed her dignity and quality of life have been significantly impacted. Thus, McCleery sought recovery of approximately $15,000 in past medical costs, and approximately $2 million in damages for her past and future pain and suffering. Defense counsel contended that while McCleery sustained a significant injury, resulting in her being confined to a wheelchair for four months, the balance of her problems were related to her pre-existing Alzheimer’s disease.
COURT
Superior Court of Los Angeles County, Central, CA

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