Case details
Plaintiff claimed broken handrail should have been repaired
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
elbow, fracture
FACTS
On Oct. 9, 2006, plaintiff Sylvia Kotin, 73, a licensed vocational nurse, went to a Costco store in Van Nuys to get a flu shot. As she was walking down the steps from the back entrance, leaving the store, she fell to the ground and injured her right dominant elbow. Kotin sued Costco Wholesale Corp. She alleged that the defendant failed to timely repair and maintain the area, creating a dangerous condition. Specifically, Kotin claimed that the handrail at the steps near the back entrance to the store was broken in two places and, accordingly, she missed the rail at the break and fell. She claimed that the store should have repaired the handrail prior to use by its customers. Costco admitted the railing was broken, but claimed this was a not factor in Kotin’s fall. Instead, defense counsel contended that Kotin simply missed a step and was not using the handrail at that time., Kotin sustained a comminuted fracture of her right elbow and was transported by ambulance to a hospital. That same day, she underwent open reduction of the elbow. When her pain continued eight months post-incident, Kotin had a prosthetic elbow implanted. Kotin claimed limited use of her dominant arm as a result of her injury. Eventually, she could not return to work as a licensed vocational nurse and is now retired. Additionally, Kotin claimed that she was living alone at the time of the incident, but now requires household help. Defense counsel did not dispute Kotin’s injury.
COURT
Superior Court of Los Angeles County, Van Nuys, 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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