Case details

Plaintiff claimed fall on waxed floor caused protruding disc

SUMMARY

$430835.24

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
annular tear, back, bulging disc, disc protrusion, lumbar, neck
FACTS
On July 30, 2008, at approximately 10:30 p.m., plaintiff Teresa Mixer, 51, a CVS manager, was leaving work from a store in Redding when she slipped and fell. At the time, the floor was being stripped and waxed by employees of Kellermeyer Building Services, LLC. Mixer claimed to her left hip and lower back. Mixer sued Kellermeyer Building Services. She alleged that the defendant failed to warn of a slipping hazard, creating a dangerous condition. Mixer claimed that Kellermeyer’s employees did not cone off the area that was being stripped and waxed, or use any other safety signage to warn of the slipping hazard. She also claimed that some of the people working for the defendant were not employees, but rather relatives or friends of employees. Kellermeyer admitted liability for the accident the day before trial., A few days after the accident, Mixer went to an urgent care facility with complaints of left hip and lower back pain. She later underwent an MRI, which revealed a lumbar disc protrusion at L3-4 and an annular tear at L4-5. Mixer subsequently treated her with physical therapy and steroid injections. Mixer claimed that she will continue to treat her conservatively with therapy and injections since, according to treating physicians and the workers’ compensation-agreed medical examiner, she is not considered a surgical candidate. Mixer made a workers’ compensation claim following the accident, and returned to part-time duty after missing a week of work. However, she claimed she lost her health insurance due to her part-time status and was eventually terminated from employment. Mixer claimed she is now unemployable due to her condition, which includes residual hip and lower back pain that radiates down to her left leg. She further claimed she has difficulty standing and sitting for long periods of time. Thus, Mixer claimed $13,518 in past medical costs (billed), $98,951 in future medical costs and $82,905 in past lost earnings. She also sought recovery of unspecified damages for her past and future pain and suffering. Defense counsel contended that Mixer did not sustain any serious injury from the accident. The defense’s orthopedics expert performed an independent medical exam of Mixer and testified that it revealed a resolved lumbar strain and an ischial tuberosity contusion, the latter of which he opined had never been treated properly by the plaintiff’s physicians. Thus, defense counsel contended that Mixer’s total specials should be $2,560.
COURT
Superior Court of Shasta County, Redding, CA

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