Case details
Party guest claimed unsafe sunken living room caused fall
SUMMARY
$40485.45
Amount
Verdict-Mixed
Result type
Not present
Ruling
KEYWORDS
fifth metatarsal bone of left foot, fracture
FACTS
In 2012, plaintiff Phyllis Saunders, a community college student in her 60s, was a guest at a senior citizens’ party at the Stanford Mansion, in Compton, where alcohol was served. As Saunders was entering the sunken living room, she tripped and fell on the single step that led into the living room. Saunders fractured her left foot. Saunders sued the owner of the Stanford Mansion, Reschelle Hammond; the organization that held the party, Abe Thomas United Community Organization; and the person who resided at the mansion and charged Abe Thomas United Community Organization for the use of the mansion, Rickey Hammond. Abe Thomas United Community Organization settled out of the case prior to trial. The matter then continued against the Hammonds. Plaintiff’s counsel contended that strangers who were seniors were specifically invited to the residence, where alcohol was served, and that the gathering had over 100 seniors present. Thus, counsel argued that the conditions of the party were not safe. The plaintiff’s expert in safety engineering opined that the party should not have been held at the residence and that the sunken living room was unsafe, as there was dark carpeting in the area, which made the sunken area harder to see. The expert also opined that a handrail could have been placed to make the descent more noticeable. Plaintiff’s counsel contended that even placing a red rope across the archway into the living room would have helped. Defense counsel argued that there was no code violation for the living room and that there was nothing wrong with it. Counsel also argued that there are a half a million houses in California with the same type of sunken living room., Saunders sustained a fracture to the fifth metatarsal bone of her left foot. She was subsequently taken by another guest to a hospital approximately a half hour after the incident. Saunders had to wear an orthopedic boot and use crutches. She also underwent physical therapy. Saunders claimed that she is still not 100 percent healed and that she still has swelling in her left foot. She also claimed that she continues to have difficulty ambulating. Thus, Saunders sought recovery of past and future medical costs, and recovery of damages for her past and future pain and suffering. Defense counsel did not dispute Saunders’ fracture. However, the defense’s expert orthopedic surgeon opined that any injury and treatment past the first six weeks had no relation to the subject accident. The expert further opined that any additional treatments was, instead, due to prior that Saunders had suffered in her foot.
COURT
Superior Court of Los Angeles County, Los Angeles, CA
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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
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