Case details
Plaintiff: Bowling alley failed to clean sticky lane approach
SUMMARY
$107478.43
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
ankle, fracture
FACTS
On March 7, 2010, plaintiff David Kwon, 48, a launderer with the Los Angeles County Sheriff’s Department, was with a group of church members at a bowling party at Jewel City Bowl in Glendale. Kwon claimed that he and other members of the group complained to employees of sticky lane approaches in their rented lanes, though nothing was done. About an hour later, Kwon was bowling when his right foot stuck to the bowling approach, causing him to stumble and roll his right ankle, fracturing it. Kwon sued Jewel City Bowl. He alleged that the defendant had notice of a dangerous condition, but failed to timely remedy it. Kwon claimed that he and his group made several complaints to the employees of Jewel City Bowl about the sticky lane approaches, but that they received no response. Thus, he alleged that Jewel City Bowl was negligent in their maintenance of the lanes, and should have either closed the lane or corrected the condition within a reasonable amount of time. He also alleged that Jewel City Bowl should have provided his group with alternative options by providing alternate lanes or telling them to stop bowling until the condition was addressed. Defense counsel contended that Kwon or another member of his group had spilled a drink on the lane approach, and that this spilled drink was the cause of the stickiness. Counsel also contended that Jewel City Bowl’s employees took photos of the lanes after the group left and that the photos showed a soda, as well as napkins, near the lanes rented by Kwon’s group., After the incident, Kwon was taken by his wife to Methodist Hospital in Arcadia. He was seen in the emergency room and diagnosed with a bimalleolar fracture of his right ankle, for which he was given pain medications and released the same day. The following day, Kwon followed up with his primary care physician, who referred him to an expert in orthopedic surgery. Kwon ultimately underwent open reduction and internal fixation eight days after the incident, during which a titanium plate with six to seven screws were placed. Kwon was put on temporary total disability from his work as a launderer with the Los Angeles County Sheriff’s Office and during those three months, he was completely bedridden. Kwon also participated in 12 sessions of physical therapy for about four weeks while he was still on disability. Kwon is left with swelling of his right ankle, which he claimed occurs every evening, as well as stiffness and achiness. He alleged that as a result, he is contemplating undergoing a surgery for the removal of the hardware. The plaintiff’s orthopedic surgery expert asserted that Kwon could either have the hardware removed or continue physical therapy for the rest of his life.
COURT
Superior Court of Los Angeles County, Burbank, 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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