Case details

Plaintiff claimed hallway stairs not kept clear of mail

SUMMARY

$728531

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
ankle, anterior cruciate ligament, fracture, knee, medial meniscus, tear, tear bimalleolar
FACTS
On May 20, 2007, plaintiff Leticia Coral, 34, a dental account manager, was descending hallway stairs in her apartment building, located at 3416 26th Street in San Francisco, when she slipped and fell down three stairs, fracturing her left ankle. Coral sued the owner of the building, Tricia Arvedi, and the company hired to manage the property, Mullins and Co. She alleged that the defendants failed to properly maintain the stairway, creating a dangerous condition. Coral claimed that she slipped and fell on mail and other debris left on the common area hallway stairs. She alleged that the defendants failed to keep the stairs in question clear and free of mail and other debris, which created a hazardous condition. She also claimed that the defendants had notice of mail and other debris being left on the hallway stairs, but failed to timely address the condition. Plaintiff’s counsel noted that Coral never told the ambulance people, or her doctors, what she slipped on. Counsel also noted that Coral did not complain to Arvedi or to Mullins and Co. about the stairs being unsafe, and never said what she slipped on until the suit was filed. Defense counsel argued that the accident was Coral’s fault because if there was mail on the stairs, it was clearly visible and she could have walked around it. Mullins and Co. also asserted that it did not have to check the apartment building to make sure there was no mail on the stairs., Coral was taken to a hospital by ambulance. She sustained a bimalleolar variant fracture of the left ankle and damaged the medial meniscus in each knee. It was also later discovered that Coral ruptured the anterior cruciate ligament of her right knee. Eight months later, Coral treated with physical therapy, but she continued to complain of pain in her right knee up to 1.5 years after the accident. Plaintiff’s counsel noted that 2.5 years after the subject accident, Coral was fleeing a fire in the apartment when she suffered a bucket handle tear of the meniscus in her right leg. Counsel contended that this new injury occurred because Coral lacked an ACL in her right knee. Coral, previously a dental account manager, claimed that she missed 45 days of work after her fall on the stairs, and missed another 46 days of work after the fire and meniscus tear. In addition, she claimed she still has pain in both of her knees. Thus, five years after the original injury, the plaintiff’s physician opined that Coral will require a total right knee replacement approximately 10 to 20 years later, and that it would cost $105,000. Defense counsel contended that if the right knee’s ACL was ruptured, Coral would have definitely known it at the time of her fall. Thus, counsel argued that the ACL tear must not be related to the subject incident. Defense counsel further contended that the fact that Coral tore her meniscus fleeing from a fire had nothing to do with the alleged ACL tear, and that it was just bad luck. In addition, counsel argued that Coral’s knee problems were due to her being obese and that it was too speculative to say that she will eventually require a total knee replacement.
COURT
Superior Court of San Francisco County, San Francisco, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case