Case details

Plaintiff claimed failure to warn of open hatch door, caused fall

SUMMARY

$760000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
back, bulging disc, fracture, herniated disc, lumbar, neck, shoulder
FACTS
On April 16, 2015, plaintiff Theresa Worhach, 60, a self-employed talent manager, was having outdoor electrical work done by Tony B. Electric and Construction. During the course of their work, one of the two workers opened a trapdoor inside the house, to reach wiring under the home. While Worhach was walking in her home’s hallway, she fell inside the trapdoor that was left open by the worker and allegedly sustained to her back, and left shoulder and wrist. Worhach sued the operator of Tony B. Electric and Construction, Antonio Banuelos. Worhach claimed that Banuelos and his company were negligent for leaving the trapdoor open without any warning, cones or caution tape so as to alert others about the dangerous condition. Defense counsel argued that the hazard was open and obvious and that Banuelos and his company gave sufficient warning to Worhach. Specifically, Banuelos’ employee testified that he announced that he was accessing the crawl space under the house via the access hatch in the hallway. Defense counsel argued that Worhach was at fault for her because she failed to pay attention to where she was walking., Worhach sustained a complex fracture and torn rotator cuff of the left, non-dominant shoulder. She also claimed she sustained a torn tendon of the left, non-dominant wrist and a bulging lumbar disc at the L5-S1 level. Immediately after the accident, Worhach was transported by paramedics to a hospital, where she was admitted and underwent emergency shoulder surgery the following day. She then underwent a second shoulder surgery with the placement of permanent hardware. She also ultimately underwent tendon repair surgery on the left wrist. In addition, Worhach received lumbar epidural injections and underwent micro-decompression surgery at the L5-S1 level and a kyphoplasty on the L3 vertebra. She also underwent physical therapy before and after each of the surgeries. Worhach claimed that as a result of the shoulder hardware, she suffers from permanent, residual movement restrictions. She also claimed that she suffers from continued weakness to her right leg due to the bulging lumbar disc with nerve impingement. Worhach alleged that as a result of her leg weakness, she sustained an L3 compression fracture during physical therapy approximately one year later. However, she claimed that she has improved symptoms in her wrist and back and that no future procedures were anticipated. Instead, Worhach alleged that she will only occasionally need additional physical therapy for any residual symptoms and/or flare-ups. Worhach sought recovery of general, noneconomic damages for her past and future pain and suffering. Her husband, John Jedic, presented a derivative claim, seeking recovery for his loss of consortium. Plaintiffs’ counsel asked the jury to award Worhach and Jedic between $4 million and $6 million in total damages. Defense counsel agreed that the left shoulder injury was due to the incident. However, counsel argued that Worhach’s left wrist and lower back symptoms were degenerative in nature and pre-existing.
COURT
Superior Court of Los Angeles County, Santa Monica, CA

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