Case details

Plaintiff claimed illegally converted steps caused fall

SUMMARY

$975000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
back, fractured coccyx, lower back, lower extremities, numbness, pain, radiating pain, radiculopathy, spasms, spinal swelling, stiffness, tingling, weakness
FACTS
On July 18, 2012, plaintiff Suzanna Sukiasyan, 29, a stay-at-home mother who was four months pregnant with her third son, went to view an apartment unit for rent in a building located in Glendale. Sukiasyan had seen the apartment advertised as a three-bedroom apartment for rent on the second floor of a two-story building owned by Andranik Gabriyelyan. However, when Sukiasyan entered, she realized the apartment was configured to be two stories, with one bedroom on the entry level and two bedrooms on the second level. As a result, she went up the stairs to view the two bedrooms. When she later began to descend the stairs with her infant child in her arms, she stepped on the first step, which had a run of 11 1/4 inches, and then stepped on the second step, which had a run of only 7 1/8 inches, causing the front of her foot to go over the edge of the step. As a result, she slipped and fell down onto her butt and lower back. She then slid down a few steps while trying to protect the infant in her arms. Sukiasyan sustained to her back. Sukiasyan sued Andranik Gabriyelyan and Seda Gabriyelyan. Sukiasyan alleged that the defendants were liable for the dangerous condition of the stairs. Seda Gabriyelyan was ultimately dismissed from the case after it was determined that Andranik Gabriyelyan was the correct and only owner of the apartment building. Plaintiff’s counsel contended that, unbeknownst to Sukiasyan, the apartment had been illegally and without any permits reconfigured by Andranik Gabriyelyan to turn the attic of the two-story building into a third floor, containing the two other bedrooms for the apartment. Counsel contended that Andranik Gabriyelyan reconfigured the stairs leading to the attic from the common hallway to be accessible only from inside of the apartment. Thus, plaintiff’s counsel asserted that the second step was in clear violation of various codes and standards., Sukiasyan, who was 4.5 months pregnant at the time of the accident, had an immediate onset of anxiety and fear as she was frightened by the potential that her baby may have been harmed by the trauma. She also was in immediate pain following her fall. Sukiasyan was subsequently seen at Glendale Adventist Medical Center, in Glendale, that same day. An MRI was then performed of her lumbar spine the following day, which revealed a large, left paracentral disc herniation at L5-S1 with ventral thecal sac compression and encroachment of the left superior S1 nerve root, producing moderately severe spinal canal stenosis. It also revealed a disc bulge at L4-5, producing mild to moderate spinal canal stenosis at that level. In addition, Sukiasyan sustained a fractured coccyx with pain in the tailbone/lumbar region. She also experienced spinal swelling; lower back pain, spasms, and stiffness; and pain radiating to both lower extremities with radiculopathy causing numbness, tingling and weakness. Sukiasyan claimed that she also suffered emotional distress due to her fetus being diagnosed with trace pericardial effusion after the accident. As Sukiasyan was pregnant, not much treatment could be provided until after she gave birth in December 2012. For those months of her pregnancy, Sukiasyan was on bed rest, in incredible pain, and unable to care for herself or her children. As a result, she hired her mother to help her around the clock with virtually everything for several months, at a cost of $40,000 to $60,000. Given the severity of her symptoms and MRI imaging impressions, Sukiasyan presented to her treating orthopedic surgeon, who performed a discectomy in February 2013. She then participated in rehabilitation therapy, but suffered a recurrence of the herniation at the same location. As a result, she sought a medical opinion from her treating spinal surgeon in late 2013. The treating spinal surgeon subsequently recommended a second surgery and a facet rhizotomy, given that 10 to 15 percent of people who have a discectomy suffer a recurrence. The treating spinal surgeon ultimately performed the second discectomy with the rhizotomy, which provided Sukiasyan with relief, albeit not full relief. The surgery was then followed by a steroid injection at the same site within a month. However, several months later, Sukiasyan underwent a three-level rhizotomy and then participated in subsequent physical therapy. She claimed that she now has made a good overall recovery with occasional pain and discomfort.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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