Case details

Plaintiff claimed failure to warn of wet floor caused fall

SUMMARY

$1030000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
elbow, hip, meniscus tear, ribs, right acetabular, right knee, right olecranon, right scapula, shoulder
FACTS
On May 17, 2013, plaintiff Esther Zaidman, 58, a teacher, was in her classroom in La Jolla, when she slipped and fell. She sustained to her elbow, hip and shoulder. Zaidman sued ABM Onsite Services-West Inc. (which was initially erroneously sued as ABM Industries Inc.). Zaidman alleged that ABM was negligent for failing to warn of a dangerous condition. Zaidman claimed that she asked the school janitor, an ABM employee, to leave the classroom door open so that she could get her purse at the end of the day. However, she claimed that the janitor left the door open while the floor was still wet and did not place any “wet floor” warning signs near the area. Zaidman testified that as a result, she slip and fell on a wet spot on the floor. Plaintiff’s counsel presented evidence that ABM’s employee mopped Zaidman’s classroom floor minutes before the incident and that the employee left the classroom door open and failed to place warning signs in the classroom. Thus, counsel argued that the employee failed to adhere to ABM’s own policies and procedures regarding the use of warning signs and proper barricading systems to prevent a slip-and-fall-type injury. Defense counsel contended that the classroom floor was mopped 25 minutes before the incident and that, normally, the locked door would have constituted the barricade. Counsel also contended that there is no policy for using a sign on top of a locked door. However, defense counsel argued that, in this instance, Zaidman had constructive notice, as she asked the janitor to leave the door open and, hence, there was no warning sign or barricade. Defense counsel also argued that since the floor was mopped 25 minutes before the incident, there was no water present on the floor at that time. Counsel noted that Zaidman claimed that she had slipped in a 6-inch puddle, but that a responding paramedic and two of Zaidman’s co-workers who were first on scene all testified that they did not notice any wetness on the floor and that the floor was dry. The defense’s orthopedic surgery expert opined that the cause of the fall could have been attributed to Zaidman’s degenerative meniscus tear in her right knee and a leg-length differential., Zaidman was transported by ambulance to a hospital, where she was diagnosed with fractures of the right scapula, right acetabular, right olecranon, and ribs. She claimed the severity of her was exacerbated by her pre-existing osteogenesis imperfecta, also known as brittle bone disease. Zaidman ultimately required three surgeries to repair the scapula, acetabular, and olecranon. Zaidman claimed that she has made a full recovery and was back teaching four months after the accident. Defense counsel noted that Zaidman sought recovery of $2.5 million in total damages.
COURT
Superior Court of San Diego County, San Diego, CA

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