Case details

Placement of wet mat on wet floor created hidden danger: plaintiff

SUMMARY

$390000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
ankle fractured, right knee
FACTS
At around 10 a.m. on June 18, 2012, plaintiff Mary Lou Hendry, 60, was at a 7-Eleven store in Downey when a floor mat slipped out from under her. Prior to the incident, a customer spilled coffee around the floor mat by the front entrance of the store. A worker responded by placing a wet floor sign 2-feet from the mat. The worker then mopped the floor under the mat, cleaned the bottom of the mat, and placed the wet mat on top of the wet floor. Shortly thereafter, Hendry stepped on the floor mat, causing it to hydroplane. As a result, Hendry’s right leg twisted under her as she fell, allegedly causing to her right knee and ankle. Hendry sued 7-Eleven Inc. and the operator of the 7-Eleven store (store number 27005), Harjinder Pooni (initially erroneously sued as Harjinder “Pouni”). Hendry alleged that the defendants failed to properly maintain the area, creating a dangerous condition. 7-Eleven Inc. was ultimately dismissed from the case. Plaintiff’s counsel contended that the 7-Eleven worker was negligent for placing the wet mat on top of the wet floor, which created a hidden dangerous condition that caused Hendry’s slip and fall. Defense counsel argued that the 7-Eleven employee acted reasonably by responding to the spilled coffee in less than a minute and placing a wet floor sign near the spill/mopped area. Counsel also argued that after the employee cleaned the slip, the wet floor sign was sufficient warning of the slippery floor, as it was placed just 2-feet from where Hendry fell., Hendry was taken to Downey Regional Medical Center, in Downey, where she was treated for a fractured ankle. Five months later, it was discovered that she had a torn meniscus in her knee. Hendry subsequently underwent arthroscopic knee surgery to repair the meniscus. She eventually underwent a total knee replacement. Hendry claimed that at the time of trial she had made a total recovery from her ankle and knee and that she did not have any pain. However, she claimed that she is left permanently disfigured as a result of her surgical scars. Thus, Hendry sought recovery for her past medical costs, as well as recovery of damages for her past and future pain and suffering. Defense counsel contended that the tears in the meniscus pre-dated the fall and were evidenced by Hendry’s long-documented history of arthritis in the same knee. Counsel pointed to medical records, which showed that Hendry consistently complained of right knee pain in the year leading up to her fall. Thus, defense counsel argued that Hendry’s total knee replacement was ultimately the result of her prior severe arthritis.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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