Case details
Plaintiff claimed spinal injuries from slip and fall at supermarket
SUMMARY
$215682.54
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
back, bulging disc, lumbar neck
FACTS
On Aug. 22, 2014, plaintiff Susan Oby, a 58-year-old woman, slipped and fell in water leaking from an overhead air conditioner in the Folsom Save Mart. She claimed to her neck and back. Oby sued Save Mart Supermarkets, alleging that Save Mart failed to repair and/or maintain the air conditioning unit, creating a dangerous condition. Oby contended that Save Mart knew that its air conditioner was faulty, but that it did nothing to maintain or repair it. She claimed that as a result, the air conditioner leaked and caused her to slip and fall. Save Mart initially denied liability and cross-complained against its air conditioning vendor, claiming that it failed to repair the leaky unit. However, once the vendor established that it made repair recommendations to Save Mart that Save Mart never authorized or scheduled before Oby slipped, Save Mart dismissed its cross-complaint and admitted liability., Oby claimed that she sustained bulging lumbar discs, as well as soft-tissue and facet to her neck and back. She was subsequently taken by ambulance from Save Mart to a hospital, and ultimately underwent three epidural injections and two radiofrequency ablations. However, she claimed the treatment did not totally resolve her pain. Thus, she claimed she was left with residual, on-going, lower back pain symptoms in her neck and back, which she managed with medication, as needed. However, Oby had not consulted with a surgeon nor had any treatment during the nine months before trial. At that time of the accident, Oby was not employed outside of her home, but worked as in-home caretaker for her husband, plaintiff Robert Oby, who suffered from Parkinson’s disease. Although Ms. Oby got paid by In Home Support Services, she claimed she was also looking for work in the fast-food industry. However, Ms. Oby claimed that she was delayed in returning to work for one year because of her , but that she ultimately became employed at McDonald’s part-time, earning $9 per hour. The plaintiff’s physical medicine expert testified that because of Ms. Oby’s residual complaints, which included limitations in standing, bending, carrying certain things due to Ms. Oby’s lower back pain, Ms. Oby should not work or continue assisting her husband as his in-home caretaker. He also opined that Ms. Oby would likely require surgery in the future to address her bulging lumbar discs. The plaintiff’s expert life care planner prepared a life care plan and testified that Ms. Oby’s medical charges were within the usual and customary range for the Folsom/Sacramento area. However, plaintiff’s counsel noted that all of the alleged medical damages were on liens, as Ms. Oby was uninsured. In addition, the plaintiff’s economics expert reduced the alleged damages to present value. Thus, Ms. Oby sought recovery of $115,682 in past medical costs and $1.2 million in future medical costs, if she had the treatment her physical medicine expert suggested. She also sought recovery of $9,360 in past lost earnings and $82,000 in future lost earnings, if she stopped working. In addition, she sought recovery of damages for her past and future pain and suffering. Mr. Oby sought recovery of damages for his loss of consortium. Plaintiff’s counsel asked the jury to award the Obys in excess of $2 million. Defense counsel argued that Ms. Oby’s treatment was excessive and that, based on the testimony of the defense’s actuary expert, the medical charges were unreasonable and should have only totaled approximately $50,000. The defense’s neurosurgery expert opined that Ms. Oby only suffered a soft-tissue injury. Defense counsel argued that Ms. Oby’s claim for lifetime medical expenses of approximately $1.2 million was unreasonable and not supported by the evidence. In addition, counsel argued that Ms. Oby’s work hours caring for her husband actually went up after the accident and that Ms. Oby did not suffer any wage loss.
COURT
Superior Court of Sacramento County, Sacramento, CA
Similar Cases
Negligent tire repair caused serious rollover crash: family
AMOUNT:
$375,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Steep, winding road caused multiple truck crashes: plaintiffs
AMOUNT:
$32,500,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Dangerous highway caused fatal multiple vehicle crash: suit
AMOUNT:
$18,681,052
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Roofer claimed he needs future care after fall from roof
AMOUNT:
$6,000,000
CASE RESULT:
Plaintiff won
INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
- Show More
- Show Less
CATEGORY:
Personal Injury
Applicant claimed future care needed after fall from roof
AMOUNT:
$3,500,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Plaintiff: Improperly trained delivery personnel caused injuries
AMOUNT:
$4,875,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury