Case details

Plaintiff claimed liquid on bodega’s floor caused fall

SUMMARY

$15000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
knee, left knee, meniscus, tear
FACTS
On June 13, 2012, at approximately 7:15 a.m., plaintiff Jose Alvarado, 41, a nurse, was at the El Super bodega, in South Gate, when he slipped and fell in the store’s produce section. He claimed an injury to his left knee. Alvarado sued the operator of El Super, Bodega Latina Corp. Alvarado alleged that Bodega Latina failed to property maintain the store’s produce section, creating a dangerous condition. He also alleged that Bodega Latina had notice of said condition and failed to warn of this dangerous condition. Alvarado alleged that the store had just opened and that he was the first customer to enter the produce section when he slipped and fell on a liquid substance left on the floor. He claimed Bodega Latina failed to conduct a sweep of the area in a timely manner, causing the liquid substance to remain on the floor without any warnings placed in the area, and causing his slip and fall. Bodega Latina claimed that there was no liquid on the floor in the area of the alleged slip and fall. It also claimed that even if the liquid did exist, it had no notice whatsoever of the condition., Alvarado’s family took him to a Kaiser facility on the date of the incident. He was subsequently diagnosed with torn meniscus of his left knee, for which he initially received some physical therapy. Alvarado ultimately underwent arthroscopic knee surgery on Jan. 18, 2013. He then followed up with some post-operative physical therapy through Kaiser. Alvarado claimed that he still deals with some residual knee issues due to the subject accident and that he developed a subsequent injury to the same knee. He also treated at Kaiser for the subsequent injury. Alvarado claimed he missed roughly 1.5 months of work. Thus, Alvarado sought recovery of $6,000 in past lost earnings and $4,000 in past medical costs. He also sought recovery of damages for his past and future pain and suffering. Defense counsel argued that any alleged ongoing left knee complaints were entirely attributed to Alvarado’s second knee injury, which actually preceded the subject incident.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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