Case details

Plaintiff claimed ankle injury from fall requires future care

SUMMARY

$715000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
ankle, fracture
FACTS
On April 23, 2018, plaintiff Tessa Schonder, a television performer’s personal assistant, worked on a production set operated by Universal Studios, in Los Angeles. During the course of the day, she attempted to use a temporary restroom in a trailer leased by Star Waggons Inc. The trailer was situated on a slight slope, making the first step higher than ground level. As a result, the show’s producer, Finnmax LLC, had installed a single wooden riser — essentially another step — to allow easier access. When Schonder stepped on the riser, it tipped, causing her to fall. She suffered an injury of an ankle. Schonder sued Star Waggons and Finnmax. Schonder alleged that Star Waggons negligently installed the trailer and that Finnmax’s placement of the riser created a dangerous condition. Schonder’s counsel contended that Star Waggons negligently installed the trailer in a location that allowed the bottom step to be too high and that Finnmax created a dangerous condition by not securing the wooden riser. Star Waggons and Finnmax stipulated to negligence., Schonder sustained a displaced bimalleolar fracture of the left ankle. She was taken by paramedics to Providence Saint Joseph Medical Center, in Burbank, where she underwent closed reduction of her fracture. She then had a second opinion at Cedars-Sinai Medical Center, in Los Angeles, where surgery was recommended. However, since Schonder wanted to have the surgery in New York, the hospital surgeon performed another closed reduction to make it safe for Schonder to fly. The closed reductions had to be done without anesthesia. Schonder then underwent the recommended surgery with the implantation of hardware in New York about one week after the incident. Following the procedure, she was on bed rest for about six weeks and then had approximately 10 physical therapy sessions in New York. Schonder was back to work full time in August 2018. However, she claimed she still has pain and suffers from atrophy on her left leg. Schonder sought recovery for her past and future medical costs, future loss of earning capacity, and past and future pain and suffering. According to defense counsel, plaintiff’s counsel asked the jury to award Schonder in excess of $6 million in total damages. Defense counsel contended that Schonder completed six out of the 10 recommended physical therapy sessions and then stopped just as she was about to have gait training. Counsel also contended that Schonder’s therapist had a doctorate in physical therapy, but that Schonder, instead, decided to work with a random personal trainer with uncertain credentials in New Jersey. Defense counsel argued that Schonder’s ongoing pain was related to Schonder’s failure to complete proper physical therapy and gait training, rather than any problem related to the injury itself. Defense counsel further argued that it is extremely unlikely Schonder will develop osteoarthritis, as Schonder’s ankle bones are allegedly in normal alignment.
COURT
Superior Court of Los Angeles County, Pasadena, CA

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