Case details

Plaintiff claimed inadequately lit detour caused trip and fall

SUMMARY

$344717.55

Amount

Decision-Plaintiff

Result type

Not present

Ruling
KEYWORDS
arm, fracture
FACTS
On the evening of Dec. 2, 2009, plaintiff Betty Jo Blaser Perkins, 88, a retiree, went for dinner at Pierpont Inn in Ventura, where she had been staying as a guest. The building was under construction, and Perkins had to take a detour route to the restaurant. While walking the outdoor route, Perkins tripped and fell, fracturing her left arm. Perkins sued Pierpont USA LLC, alleging the defendant created a dangerous condition. Specifically, Perkins claimed that the detour to the restaurant was inadequately lit, causing her to trip and fall. She further claimed that Pierpont failed to warn of the dangerous condition. Pierpont defaulted on answer, resulting in a prove-up hearing., Perkins sustained a fracture to her left, non-dominant humerus. She was subsequently taken by ambulance to an emergency room and ultimately underwent open reduction and internal fixation on her arm. She then followed up with a few months of physical therapy. Perkins claimed that while her fracture healed, she now deals with residual issues, in that she cannot fully lift her left arm. She also claimed she is now restricted in several aspects of everyday life, such as getting dressed and reaching for items. Thus, Perkins sought recovery of $44,000 in past medical costs and an unspecified amount of damages for her pain and suffering.
COURT
Superior Court of Ventura County, Ventura, CA

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