Case details

Plaintiff claimed unmarked step and lack of handrail caused fall

SUMMARY

$1395000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
back, femoral, fracture, hip, hip replacement, neck
FACTS
On Nov. 25, 2014, plaintiff Nancy Rios, an unemployed 59 year old, was visiting her daughter at Vista Serena Apartments, a gated complex in Banning. While she was walking through a walkway, Rios missed a step and fell on her right hip. Rios sued the believed property manager, The Remm Group; the actual management company, Gold Coast Community Management Inc.; and the owner of the common areas that hired everyone to perform maintenance and manage the complex, Vista Serena Homeowners’ Association. Rios alleged the defendants failed to repair and/or maintain the walkway’s dangerous condition and failed to warn of the walkway’s condition. The Remm Group was ultimately dismissed from the case, as it was determined that it was not the property manager. Thus, the matter continued against Gold Coast and the homeowners’ association. Rios claimed that she missed a step on the walkway, as she did not see it. Thus, plaintiff’s counsel contended that the step should have been marked with a yellow stripe. Counsel further contended that the grade of the slope of the walkway was such that it was considered a ramp and required a handrail. Defense counsel acknowledged that Rios was an invitee onto the premises, and, therefore, Gold Coast and the homeowners’ association owed Rios a duty to use reasonable care for her safety and to keep the premises in a reasonably safe condition. However, defense counsel asserted that Gold Coast and the homeowners’ association did not breach any duty to warn of a dangerous condition on the property. Specifically, counsel asserted that the walkway’s condition was open and obvious, and, thus, the defendants were not liable under a negligence theory., Rios sustained a fracture of the femoral neck of her right hip, as well as contusions and abrasions. She subsequently presented to San Gorgonio Memorial Hospital, in Banning, the day after her fall. On Dec. 6, 2014, she underwent a cannulated screw fixation, but later had it removed on Nov. 10, 2015 at St. Bernardine Medical Center, in San Bernardino. Rios later developed deep vein thrombosis and an infection that required hospitalization during her treatment. As a result, on April 16, 2015, she underwent a lumbar spine fluid collection removal for an abscess. She then received a transforaminal epidural steroid injection at the right L3-4 and L4-5 levels on June 15, 2016. Ultimately, Rios underwent a total hip replacement of the right hip at Redlands Community Hospital, in Redlands, on Oct. 6, 2016. In addition, Rios had a diagnostic lumbar facet block performed at the right L2-3, L3-4, L4-5 and L5-S1 levels on April 19, 2017. Rios claimed that despite treatment, her activities are limited. Specifically, she claimed that she is unable to walk long distances, has lumbar pain, needs assistance while traveling, and requires the use of a wheelchair, walker and/or cane when she goes out. She also claimed that driving is impossible. As a result, Rios has been recommended for a lumbar ablation. She claimed that her medical costs were estimated to total $244,000, all for her treatment, office visits, procedures, hospitalization, pain management, etc., with a future ablation scheduled.
COURT
Superior Court of Riverside County, Riverside, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case