Case details
Neighbor denied notice of driveway’s dangerous condition
SUMMARY
$25835
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
knees, left arm, lower back, right hand, shoulders
FACTS
On June 5, 2011, plaintiff Lucille Lewis, a retired woman in her 60s, exited the passenger side of a vehicle parked in a joint driveway between her property and the property of Arah Sims, located at 645 West 43rd Street in Los Angeles. As Lewis walked toward the rear of the driveway, her cane, which she was using with her left hand, went into a hole on Sims’ side of the driveway, causing Lewis to lose her balance and fall. Lewis claimed to her lower back, right hand, left arm, both shoulders, and both knees. Lewis sued Sims, alleging that Sims failed to repair and/or maintain her property, creating a dangerous condition. Specifically, Lewis contended that Sims had knowledge of the hole in the path of travel on Sim’s side of the driveway, but failed to repair this dangerous condition. Defense counsel presented evidence that Lewis had previously owned Sims’ house and had knowledge of a fence that previously existed along the side of the property, and that Lewis knew that a hole remained after the fence had been removed prior to Sims purchasing the property. Counsel also presented evidence of a property inspection report that Sims relied upon when she purchased the property, which made no mention of the subject hole adjacent to Sims’ property. Thus, defense counsel argued that Sims did not have prior notice of the subject hole., Lewis claimed she fell on her knees and right hand, and then over onto her left side. She claimed she sustained a supraspinatus muscle/tendon tear of one shoulder’s rotator cuff, as well as to her other shoulder, her lower back, both knees, and her right hand and arm. Lewis subsequently presented to a Kaiser Permanente facility for treatment of her the day after her fall. She later followed up with physical therapy. Lewis claimed she continues to suffer pain to her knees and lower back. She also claimed she suffers anxiety and depression as a result of her condition. The plaintiff’s orthopedic expert recommended that Lewis undergo two future surgeries, including an arthroscopic knee surgery at a cost of $36,145 and an anterior lumbar interbody fusion at two levels at a cost of $154,760. Lewis sought recovery of $30,215.80 for the full value of her past medical costs and $190,905 for her total future medical costs. She also sought recovery of damages for her past and future pain and suffering. Thus, plaintiff’s counsel asked the jury to award Lewis $873,000 for her past and future economic and non-economic damages. The defense’s orthopedic expert testified that Lewis sustained only diffuse soft-tissue , musculoligamentous sprains and strains, and abrasions and contusions as a result of the fall. The expert also opined that evidence showed that Lewis’ knee and spinal complaints were due to pre-existing fibromyalgia and degenerative changes.
COURT
Superior Court of Los Angeles County, Los Angeles, CA
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INJURIES:
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- brain
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- depression
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- subdural hematoma
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