Case details
Plaintiff claimed hard to see portion of curb caused fall
SUMMARY
$1500000
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
leg, quadriceps, torn
FACTS
On Aug. 11, 2014, plaintiff Brenda Frank, a 62 year old who was on disability, was walking to the parking lot of a Costco store at West Washington Blvd., in Marina del Rey, when she fell on a raised curb that was painted bright red. Frank sustained to her legs. Frank sued Costco Wholesale Corp., alleging that Costco was negligent in the maintenance of the premises, creating a dangerous condition. The matter proceeded to an expedited trial. Plaintiff’s counsel contended that although the curb was painted red, there was also a portion of the curb that was flush with the walkway and, therefore, would make it difficult to see the raised portion. Defense counsel argued that Costco was not negligent in the maintenance or design of the premises. Counsel noted that 30 million people have walked through the Costco area since it was constructed and that Frank’s claim was the first injury claim in 15 years on the property., Frank suffered a quadriceps tear to a leg, which allegedly accelerated her need for knee surgery. Frank claimed that her fall caused her need to undergo surgery on her leg. She also claimed that she could no longer walk normally as a result of the injury she sustained to her leg muscles. Thus, Frank sought recovery of $21,700 in past medical costs (based on her Medicare lien) and an unspecified amount of future medical costs. She also sought recovery of damages for her past and future pain and suffering. Defense counsel noted that Frank was already on disability for other medical issues (including severe arthritis) at the time of the fall. Counsel also contended that the medical experts for both the plaintiff and defense agreed that Frank’s knee surgery would have eventually been necessary regardless of the fall.
COURT
Superior Court of Los Angeles County, Santa Monica, CA
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