Case details

Plaintiff claimed injuries from slip and fall in lobby

SUMMARY

$112000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
ankle, fracture
FACTS
On Feb. 14, 2011, plaintiff Fershteh Behrouz, 53, an executive assistant, entered the lobby of the 345 California Center Building, in San Francisco. At around 5 a.m., Behrouz slipped and fell. Behrouz sued the owner of the building, 345 California, L.P.; the property management company, Cushman & Wakefield of California Inc.; and the maintenance and security companies for the building, ABM Janitorial Services Inc. and ABM Security Services Inc. (which was initially erroneously sued as American Building Maintenance a.k.a. A.B.M. International Corp., and ABM Industries Inc. doing business as ABM Security Services). Behrouz alleged that the defendants failed to warn of the slippery floor, creating a dangerous condition. Able Building Maintenance Co. and Mann Enterprises Inc. were also initially named as defendants, but they were ultimately dismissed from the case. Plaintiff’s counsel contended that although it was raining, runners had not yet been placed across the marble floors between the entryway carpets and the elevator banks. Counsel asserted that during the morning in question, the conditions of the lobby were wet due to rain and that Behrouz had slipped and fell on rainwater that was left on the marble flooring of the lobby. Plaintiff’s counsel also contended that rain mats and adequate warnings of the dangerous condition, such as cones, were not put in place. In addition, counsel contended that the defendants were negligent for failing to establish any building procedures for the placement of rain mats before 7 a.m. on Monday mornings. Defense counsel contended that the security officer reported that three wet signs were set at the lobby coming into the building. Counsel also contended that the building entryway at 345 California contains two large mats, which are permanent, with one located outside of the door and the other being a large mat placed immediately inside the door. Counsel further contended that on rainy days, janitorial, security or maintenance personnel place two extra mats that run toward the elevators. However, defense counsel asserted that it was not raining on the morning in question. Thus, defense counsel asserted that the two other mats were not necessary that morning. Defense counsel added that there was an issue with regard to Behrouz’s claim that she slipped in a large amount of standing water on the floor. Counsel asserted that the weather report on the day of the incident indicated no precipitation and that a security officer would have testified that there was no standing water on the floor., Behrouz claimed she sustained a soft-tissue injury to her wrists, a stress fracture to her ankle, and headaches. She claimed there was no one else in the lobby at the time of her fall, except for the security guard who was standing at a podium approximately 20 feet away. She claimed she told the officer she was “ok” because she was embarrassed, but that she was actually feeling some discomfort in her right hand and right buttocks. After sitting on the floor for a few minutes, Behrouz walked over to the podium where the security office had been standing and was asked if she needed any medical assistance. However, Behrouz indicated she did not need assistance at that time and, thereafter, walked to the elevator bank and went up to her office on the 29th floor, where she worked her normal full day. However, Behrouz then presented to a physician later that day and proceeded to undergo treatment. Behrouz continued to work her full-time job since the accident and she did not make a wage-loss claim since she has been paid her full salary since the accident. However, she claimed that all her symptoms continue, so she still needs to take pain medication daily. Thus, Behrouz sought recovery of $153,945 in medical costs. She also sought recovery of damages for her past and future pain and suffering. Defense counsel contended that, prior to the incident, Behrouz treated for migraine headaches that occurred on an almost daily basis and that Behrouz admitted to previously having migraine headaches on a weekly basis. Defense counsel also contended that Behrouz was taking anti-depressant medication. Counsel further contended that after work on the date of the incident, Behrouz presented to a chiropractor that she “picked out of a hat” and allegedly underwent X-rays to her lower back and right hand. Defense counsel contended that over the last three years, Behrouz sought treatment from many doctors, including orthopedists, neurologists, internists, an acupuncturist, a pain management specialist, a physical therapist, and a chiropractor. In addition, counsel contended that Behrouz underwent chiropractic care, physical therapy, EMG/nerve conduction studies (which were normal), and several MRIs of the brain, cervical spine, lumbar spine and thoracic spine. However, counsel asserted that most of Behrouz’s treatment involved parts of her body that were not injured in the fall and that Behrouz first complained of long after the incident. Thus, defense counsel asserted that Behrouz had no physical limitation as a result of the subject accident.
COURT
Superior Court of San Francisco County, San Francisco, CA

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