Case details

Plaintiff claimed water in store aisle caused slip and fall

SUMMARY

$696968.78

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
injury, lumbar fusion, prior lower back
FACTS
At around 9:15 a.m. on Aug. 1, 2012, plaintiff Aline Proutian, a retired 61 year old, slipped and fell in an aisle near the stock-room door at the 99 Cents Only Store located at 18215 Sherman Way, in Reseda. Proutian claimed she aggravated a prior back injury. Proutian sued 99 Cents Only Stores LLC, alleging that the store failed to properly maintain the aisle, creating a dangerous condition. Plaintiff’s counsel contended that Proutian slipped on an unknown substance that was believed to be dirty water. Counsel noted that a Good Samaritan, who testified as an independent witness, attempted to report the incident to store staff, but that the witness claimed that the staff deliberately ignored Proutian as she sat on the ground in pain. Eventually the witness found the manager and insisted that 911 be called. The witness then took photos of the accident scene and left when Proutian was taken by emergency medical technicians. Defense counsel contended that the store lost its incident report, scene photos, and all surveillance video. Thus, the only preserved evidence was a sweep sheet. However, plaintiff’s counsel noted that the employee who completed the sweep sheet was later fired and not produced for deposition or trial. In addition, no employees from the date of loss were produced at trial. Defense counsel contested liability, arguing that Proutian could not prove negligence. Counsel also argued that Proutian was negligent for failing to keep a proper lookout., Proutian claimed that she suffered an aggravation of a prior lower back injury. EMTs that had arrived at the scene subsequently placed Proutian on a stretcher and took her to a hospital. Proutian ultimately underwent a lumbar fusion at the L4-5 level on Sept. 1, 2015. Proutian claimed that the fusion surgery was successful at relieving her pain. Defense counsel contested causation, and the nature and extent of Proutian’s alleged . Counsel also contested the reasonableness of Proutian’s medical billing. The defense’s billing expert opined that Proutian’s medical bills should have been approximately $100,000 lower.
COURT
Superior Court of Los Angeles County, Torrance, CA

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