Case details

Owner failed to repair wooden boards at entrance: claimant

SUMMARY

$251000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
knee, meniscus, tear shoulder
FACTS
On Dec. 4, 2011, at 11:30 a.m., claimant Sandra Edwards, 66, was house sitting for Peter Law at his residence in Nevada City. Edwards took care of the property while Law traveled for six months every year and she was in the process of doing routine maintenance when her left leg went through boards to a wooden deck, which was located at the front walkway to the house. She claimed to her back and left leg from the incident. Edwards sued Law. She alleged that the defendant failed to properly repair and maintain the deck, creating a dangerous condition, and failed to warn her of this hazardous condition. The matter proceeded to arbitration. Edwards claimed that Law admitted that when he did spring painting, he noticed that the walkway was “squishy.” Thus, she claimed that Law had notice of the dangerous condition, but failed to fix the rotten wooden boards or warn her about the risk, which she could not avoid as she had to walk on the walkway in order to enter the property. Law noted that at the time of the incident, Edwards weighed in excess of 270 pounds. He also claimed that he did not know that the wooden boards were allegedly soft or that they needed to be replaced. Thus, he denied any liability for the accident., Edwards claimed that she drove herself to a local drop-in medical facility after the accident and that she was told she had multiple sprains/strains, which should resolve in a few weeks. Two months later, when the symptoms did not resolve, Edwards underwent an MRI, which revealed multiple compartmental degenerative changes to her left knee. However, she claimed that her knee had been asymptomatic prior to the fall and that the accident aggravated her condition. Edwards claimed a bruise and contusion to her left knee, a contusion to her left shoulder, a back strain, and a torn left medial meniscus. A total knee replacement was recommended, but she did not undergo any surgery and, instead, chose to undergo conservative care. Two years after the fall, Edwards suffered a stroke, which left her right arm and leg paralyzed. She subsequently required extensive inpatient and outpatient care. Edwards claimed her recovery and rehabilitation were greatly impaired by the knee, back and shoulder , which were to her “good” side. Her residual disabilities resulted in her being confined to a wheelchair and she required an assistant for daily living. Edwards also had to install a chairlift to access her house and had to remodel her bathroom to accommodate her condition. Respondent’s counsel contended that Edwards did not receive treatment until weeks after the accident. Counsel added that Edwards continued to care for Law’s house and did so the following two years, even after filing suit.
COURT
Superior Court of Nevada County, Nevada City, CA

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