Case details
Plaintiff claimed sunken planters caused trip and fall
SUMMARY
$1508000
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
cervical, emotional distress, fracture, mental, neck, psychological
FACTS
On Oct. 31, 2012, between 1 and 2 p.m., plaintiff Julio Altamar, 72, a semi-retired salesman from Columbia, was exiting the front door of Dr. Alonzo Flores’ medical clinic at 229 South Glassell Street in Orange. Altamar was walking back to his vehicle, which was parked in the first parking spot nearest to the front-entry way of Flores’ office. Immediately adjacent to the first parking spot are three planters sunken into the concrete. As Altamar was returning to his vehicle, he finished reading a letter he picked up from the clinic and was in the process of placing it inside his jacket pocket when his left foot entered the middle planter, causing him to trip and stumble uncontrollably toward his vehicle. He subsequently struck the top of his head on the side of his vehicle and alleged to his neck. Altamar sued Flores, alleging the defendant failed to properly repair and/or maintain the area, creating a dangerous condition. Specifically, Altamar contended that the planters were not flush with the sidewalk, where patients were known to walk through the area. Defense counsel contended that the planter complied with the applicable city codes and that the condition was open and obvious., After the fall, Altamar underwent an X-ray and was initially cleared by his physician. However, the next day, when the X-ray was reviewed, it was noted that Altamar had a cervical fracture at C2. As a result, he went to a neurosurgeon that day and ultimately underwent surgery to stabilize the fracture the following week. Altamar claimed that the surgery was a success, but that he still has mild discomfort that will continue in the years to come. He also claimed that scar tissue and bone spurs in his throat, which were caused by the fracture, causes him difficulty with eating, drinking and swallowing. In addition, Altamar claimed he suffers emotional distress, alleging that, as a single father, his biggest concern was caring for his 15-year-old daughter.
COURT
Superior Court of Orange County, Orange, CA
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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
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