Case details

Plaintiff claimed injuries from trip and fall over ‘stump’

SUMMARY

$2551725.76

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
back, cervical, fusion, herniated disc, lumbar, neck
FACTS
At around 12:30 p.m. on Dec. 24, 2012, plaintiff Diana Marrone, 57, an executive assistant, walked from her house to the CVS Pharmacy located within the Sherman Oaks Shopping Center, in Sherman Oaks. As she approached the entrance to the CVS, she noticed some homeless people at the front and didn’t want to engage them. Marrone decided to walk down the ramp and go through an area in the parking lot between parking stops. However, as she was walking through the area, she tripped and fell over a stub that was covered with duct tape. The stub was the remnant of a metal sign post that had been removed. Marrone claimed to her neck and back. Marrone sued CVS’s operator, CVS Pharmacy Inc.; the maintainer of the shopping center, Sherman Oaks Shopping Center Partnership; and the owner of a nearby, automated, DVD rental kiosk, Redbox Automated Retail LLC. CVS and Redbox were ultimately dismissed from the case prior to trial. Thus, the matter continued against Sherman Oaks Shopping Center only. Marrone alleged that the shopping center was negligent for failing to repair the stub. Plaintiff’s counsel continued that, during discovery, they learned that Sherman Oaks Shopping Center knew about the stub and simply put duct tape over it, instead of removing it. Sherman Oaks Shopping Center admitted liability prior to trial., After her fall, Marrone denied any at the scene and did not request an ambulance. However, the next morning, on Christmas Day, Marrone went to Providence Tarzana Medical Center, in Tarzana, where she complained of pain all over her body, with her primary complaint being pain to her left wrist. A couple days later, Marrone followed up with her primary care physician, who recommended MRIs to Marrone’s neck, back and left wrist. He also recommended that Marrone follow up with an orthopedic surgeon. Marrone subsequently underwent an orthopedic evaluation by her treating orthopedic surgery expert, who diagnosed Marrone with herniated lumbar discs at L4-5 and L5-S1 with annular fissures, and osteophytes, or bone spurs, at C5-6 and C6-7, resulting in disc osteophyte complex. Based on the MRI findings, the expert recommended a cervical spine epidural, and referred Marrone to her treating pain management physician. Marron underwent four cervical rhizotomies and an endoscopic lumbar discectomy, which were performed by her treating pain management physician. She eventually underwent a two-level cervical fusion at C5-6 and C6-7, which was performed in September 2015, over three years after the accident. The cervical fusion was performed by Marron’s treating orthopedic surgeon, Dr. Stepan Kasimian. Marrone contended that she was an eggshell plaintiff and that the forces in the fall, combined with her susceptibility to injury, resulted in her and ongoing pain. She admitted that she was able to return to work after the fall, but she claimed she was limited in her activities of daily living. Both Marrone and the plaintiff’s expert orthopedic surgeon, Dr. Arthur Kreitenberg, testified that Marrone would have pain for the rest of her life. Plaintiff’s counsel also presented a life care plan that included future spinal surgeries and daily, life-time, in-home care. Marrone’s past medical expenses totaled over $600,000. However, prior to trial, Marrone paid $403,951.76 in past medical costs and testified that her past medical expenses were considered paid in full. Thus, she sought recovery of $403,951.76 in past medical costs and an unspecified amount for her future medical costs. She also sought recovery of damages for her past and future pain and suffering. According to defense counsel, plaintiff’s counsel argued that the jury should award Marrone $7 million in total damages. The defense’s medical experts opined that Marrone only sustained soft tissue strains and sprains to her cervical and lumbar spine. They also opined that Marrone’s symptoms should have resolved six to eight weeks after her fall. The defense experts further opined that all of Marrone’s complaints were due to her alleged “long-standing, degenerative disc disease,” and not from the fall.
COURT
Superior Court of Los Angeles County, Van Nuys, CA

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