Case details

Plaintiff claimed hidden wires on nightclub stage caused fall

SUMMARY

$325000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
ankle, fracture, leg
FACTS
On Oct. 1, 2016, plaintiff Alyce Luttrell-Gautreaux, 42, a care coordinator, went to the 1933 nightclub in Bakersfield, and went up on a stage. Earlier that evening, Luttrell-Gautreaux and her friends went to other locations, where they had consumed alcoholic beverages. After arriving at 1933, Michael Witherspoon, a contracted disc jockey for the nightclub, called Luttrell-Gautreaux onto the stage, but when she was on or near the stage’s staircase, she fell and suffered to her right leg. Luttrell-Gautreaux sued the operator of 1933, Syndicate Empire LLC, and its owners, Jacob Cadena, Lynn Gudmundson and Brian Myrick. Luttrell-Gautreaux alleged that the defendants were liable for the dangerous condition that caused her fall. Luttrell-Gautreaux claimed that she only had two alcoholic beverages on the night in question and that there was a dark tablecloth on the stage that was covering up the wiring. She alleged that after she climbed the staircase leading to the stage, her shoe’s heel came down on one of the covered wires, causing her foot to slip on the tablecloth and result in her fall. Plaintiff’s counsel asserted that the defendants failed to address the dangerous condition and were liable because the accident occurred on their property. The defendants filed a third-party claim against Witherspoon, alleging that Witherspoon violated the club’s policy by inviting a patron onto the stage. Defense counsel denied that there was a tablecloth on top of the wires on stage and disputed Luttrell-Gautreaux’s version of events. Counsel also pointed out that Luttrell-Gautreaux had admitted to drinking alcohol prior to her fall and argued that Luttrell-Gautreaux likely tripped due to intoxication, as she was walking down the stage stairs., Luttrell-Gautreaux was placed in an ambulance, and she was transported to Mercy Hospital Southwest – Bakersfield. She was diagnosed multiple fractures of the right ankle, specifically a spiral fracture of the right tibia, a fracture of the right fibular and a minimally displaced fracture of the right, posterior malleolus. The required surgeon was not available on the day of the accident, so Luttrell-Gautreaux went home for three days. She returned to the hospital on Oct. 4, 2016 and underwent open reduction and internal fixation surgery, which included the placement of rods and screws. She was sent home the following morning. Luttrell-Gautreaux then underwent physical therapy twice a week for six months. During that time, she could not put weight on her leg for seven weeks. A few months after the initial procedure, Luttrell-Gautreaux underwent a second surgery to remove the screws. However, the rods were left in her leg. Luttrell-Gautreaux claimed that she had continued pain and discomfort in her lower leg and ankle after the fall. She alleged that her pain prevented her from wearing high heels, which she had enjoyed doing prior to the incident. She also alleged that she could no longer play soccer with her son and that she had trouble walking long distances. She further alleged that she now has a fear of going up and down stairs. Luttrell-Gautreaux sought recovery of $22,944.72 in past medical expenses, $10,792 in past lost earnings due to missing 71 days of work after the fall, and damages for past and future pain and suffering.
COURT
Superior Court of Kern County, Bakersfield, CA

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