Case details

Negligently installed shower door caused foot injury: plaintiff

SUMMARY

$800000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
decreased range of motion, foot, reduced function, severed, tendon, torn
FACTS
On July 11, 2015, plaintiff Heather Anthony, 29, an event planner, went to take a shower in a Palm Springs apartment that she rented from Denise Gilbert. When Anthony closed the glass shower door, it shattered. The glass fell on her foot, it. Anthony sued her landlord, Gilbert; the owner of the condominium complex, Biltmore Colony Community Association (erroneously sued as The Biltmore Colony); the contractor that constructed the condominiums, Nexus Builders Inc. (erroneously sued as Nexus Construction); and a shower door installer and fabricator, Larry Methvin Installations Inc. (erroneously sued as Larry Methvin Installation Inc.). Anthony alleged that Gilbert and Biltmore Colony failed to adequately maintain her rental unit. She also alleged that Larry Methvin Installations and Nexus Construction were strictly liable for the manufacturing and design defect of the shower door. Biltmore Colony settled out of the case prior to trial. The matter continued against the remaining defendants. Plaintiff’s counsel contended that Larry Methvin Installations improperly built and installed the shower door. Counsel maintained that Larry Methvin Installations installed the shower door handle with two of the three safety cushions missing so that there was metal on glass. Counsel also maintained that Larry Methvin Installations was negligent for using glass that was not tempered correctly, which caused it to break into large pieces, and for designing the shower door in such a way that there was only one handle on the inside, which was on the wrong side and blocked by a toilet. In addition, plaintiff’s counsel contended that Nexus Construction failed to oversee and inspect the installation of the shower door and that Gilbert failed to inspect the shower door between tenants. Larry Methvin Installations and Nexus Construction denied there being any design or manufacturing defect. Gilbert claimed that she performed adequate inspections and that she could not have discovered the alleged defects in the shower door., A tendon near the end of the extensor hallucis longus muscle in Anthony’s foot was severed by the shattered glass. Anthony was immediately taken to an emergency room, and she underwent three surgeries over the next two years to repair the severed tendon. Anthony claimed that she continues to have pain, stiffness and limited range of motion in her foot and that her condition has not gotten better. She claimed that she was able to continue working and performing her daily activities, but that she has lost full range of motion in her big toe, which affects her hobby and life passion of playing and coaching volleyball. Anthony’s expert orthopedic surgeon opined that Anthony may need toe fusion. Anthony sought recovery of damages for her past and future pain and suffering.
COURT
Superior Court of Riverside County, Indio, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case