Case details

Plaintiff claimed shoulder and knee tears from fall at strip mall

SUMMARY

$1500000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
depression, knee, medial meniscus, mental, psychological, tear
FACTS
On May 8, 2009, plaintiff Julia Kim, 52, exited her vehicle and was walking toward the entrance of Jihwaja Rice Bakery in Los Angeles when she tripped and fell. She claimed she tripped after coming into contact with a wheel stop, and that her fall resulted in to her right knee and left shoulder. Kim sued Jihwaja Rice Bakery; the bakery owner, Jae Ok Park; and the owner of the strip mall where the bakery was located, 123 Western LLC. She alleged the defendants failed to timely repair and/or maintain the wheel stop, creating a dangerous condition. 123 Western LLC subsequently filed a cross-complaint against Jihwaja Rice Bakery, alleging express and/or implied indemnity. Jihwaja Rice Bakery ultimately settled with 123 Western prior to trial, and Park and Jihwaja Rice Bakery were dismissed from Kim’s case. Thus, the matter continued as to Kim’s claims against 123 Western LLC only. Kim claimed that rebar was protruding from the wheel stop and that 123 Western LLC, causing her trip and fall. She also claimed that 123 Western LLC knew about the problems with the wheel stop, as it had been told by Park 15 days before the subject accident, but that nothing was done. In addition, the plaintiff’s human factors expert opined that an individual would not have seen the wheel stop because the rebar blended in with the pavement. 123 Western LLC admitted that the wheel stop was not in a safe condition at the time of the accident, but claimed that Kim was comparatively negligent for not having seen it and for tripping on it. The defense’s human factors expert opined that Kim should have seen the wheel stop in broad daylight and that there was no proof that she tripped over the rebar, as she could have tripped over something else., Seven days after her trip and fall, Kim sought treatment for right knee pain was diagnosed with a medial meniscus tear. Two weeks later, she mentioned a problem with her left, non-dominant shoulder, and an anterior labral tear was discovered. Kim underwent arthroscopic surgery on her right knee on May 28, 2009, and a second arthroscopy was performed on the same knee on Oct. 16, 2009. She also underwent an arthroscopy on her left shoulder on Oct. 7, 2011. Kim claimed that despite the surgeries, chronic pain to her knee remains severe and ongoing. She also claimed she developed severe intestinal problems as a result of the pain medication she was required to take, which doctors told her had a severely damaged her liver and kidney. Thus, the plaintiff’s orthopedic expert opined that Kim might eventually need to undergo knee replacement surgery. Kim claimed that her condition caused changes in her activity, as she used to be an avid golfer. She alleged that as a result, she suffered depression and, in May 2011, treated minimally with a psychologist. The plaintiff’s psychology expert opined that Kim’s depression was attributable to the accident. In closing argument, plaintiff’s counsel requested that the jury award Kim $10 million in total damages. Counsel for 123 Western LLC contended that Kim only suffered contusions to her right knee and left shoulder, and that both should have healed. The defense’s orthopedist opined that any other injury to Kim’s knee was due to degeneration because of pre-existing arthritis in her knee, which was noted in the MRI report soon after the accident. In addition, defense counsel disputed Kim’s allegation that she would require a future knee replacement.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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