Case details

Plaintiff claimed properly owner failed to repair unsafe door

SUMMARY

$974627.7

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
annular tear, back, brain, concussion, head, headaches, neck, neurological, radiculopathy, sprain, strain, thoracic
FACTS
On June 22, 2010, plaintiff Catherine Wilson, a realtor, was on a realtor’s tour of a property at 583 Topaz Street in Redwood City when she fell through a door and hit her head on the cement floor, her head, neck and back. Wilson sued the owner and maintainer of the property, SC Property Management. She alleged the defendant failed to properly repair and maintain the door, creating a dangerous condition. She also alleged the defendant failed to warn of this hazardous condition. Wilson claimed that the door in question was unsafe and not up to code, causing her to fall through it. Her counsel argued that SC Property had a legal duty to maintain its premises, including the door to the garage, free from hazards and in a reasonably safe condition, but that it breached this duty by failing to repair or warn against the hazard that injured Wilson. Counsel further argued that SC Property failed to adhere to building codes, specifically the California Building Code and National Fire Protection Association’s Life Safety Code, resulting in Wilson’s serious . Defense counsel argued that there was no dangerous condition and that if there was, SC Property had no prior notice of it. Counsel also argued that Wilson was at least partially to blame for her fall., Wilson suffered several to her head, including a scalp contusion, hematoma and concussion. She claimed this resulted in post-concussion syndrome and headaches. Wilson also sustained to her neck, including a 4-millimeter cervical disc protrusion at the C3-4 level, a cervical disc protrusion/extrusion at the C4-5 level, and a lumbar disc protrusion and annular tear at the L4-5 level, as well as thoracic sprains and strains. She claimed her spinal resulted in spinal cord compression and radiculopathy at the cervical levels of her neck, and myofascitis and radiculopathy of the lumbar level of her lower back. In addition, Wilson suffered a coccyx fracture, allegedly resulting in chronic pain syndrome and reactive depression. She subsequently underwent physical therapy, cervical epidural injections, acupuncture, pain management behavioral therapy, nutrition education, and counseling. Despite treatment, Wilson reported limitations with sitting, standing and walking, as well as difficulty with any lifting, bending and sleeping. She also claimed that she could no longer enjoy activities that she used to enjoy before the accident. Wilson alleged that she is a surgical candidate for a cervical disc replacement and a stenosis decompression laminectomy. She further alleged that she will require additional steroid injections. Wilson’s husband, Richard, presented a derivative claim, seeking recovery for his loss of consortium.
COURT
Superior Court of San Mateo County, San Mateo, CA

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