Case details
Plaintiff claimed failure to inspect stairs resulted in fall
SUMMARY
$100000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
back, fracture, lower back, wrist
FACTS
On Jan. 9, 2010, plaintiff Margush Kardzhyan, 71, a retiree, was descending a staircase that led to the backdoor of her apartment, which was part of a four-unit complex in Glendale, when the last step caved in, causing her to fall forward to the ground. She subsequently landed on her left arm and claimed to her left wrist and lower back. Kardzhyan sued the owners of the apartment complex, Vahan and Hagop Kassabian. She alleged that the defendants were negligent for failing to repair and maintain the subject step, creating a dangerous condition. Kardzhyan contended that the subject step was deteriorated due to a termite infestation, causing it to weaken and ultimately cave in when she placed her foot on it. Thus, she claimed that the defendants failed to properly inspect the staircase, which would have revealed that the wooden steps were infested by termites. The Kassabians claimed that they routinely inspect the staircase, but that they could not have known about the step deteriorating due to termites, since it was a hidden defect., Kardzhyan was taken from the scene of the accident by ambulance and presented to an emergency room, where she was diagnosed with a displaced comminuted intra-articular fracture of her left wrist and a soft-tissue injury to her lower back. Her wrist was subsequently placed in a splint and she underwent four months of physical therapy address her back injury. Kardzhyan claimed that while her lower back injury has resolved, she still experiences pain and discomfort in her left wrist. She alleged that as a result, she is limited in her daily chores, such as shopping and cleaning, as well as caring for her husband. Kardzhyan’s treating physician opined that while Kardzhyan’s wrist required surgery, her advanced age made her a bad candidate for surgery. Thus, Kardzhyan sought recovery of $19,854.45 in damages for her past medical costs and an unspecified amount of damages for her pain and suffering. Defense counsel did not dispute the severity of Kardzhyan’s wrist injury, but asserted that future surgery was unnecessary.
COURT
Superior Court of Los Angeles County, Glendale, CA
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