Case details
Plaintiff claimed wet mats caused slip and fall
SUMMARY
$65000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
fibulin, fracture, right leg, tibia
FACTS
On Dec. 30, 2012, plaintiff Alicia Eidson, 54, a college professor who lives in Florida and is legally blind, was visiting her family in California when they decided to go to the Westfield Mainplace Mall, in Santa Ana, on a rainy day. Eidson was accompanied by her guide dog and a family friend, as well as other relatives who were walking ahead of and behind them. As the group was walking into the mall, Eidson slipped and fell, her right leg. Eidson sued the owner of the mall, Mainplace Shoppingtown, LLC; the security company that the mall contracted with and hired, Professional Security Consultants; and a housekeeping company, Environmental Service Concepts. Westfield, LLC, Westfield Mainplace, and Macy’s West Stores Inc. were also sued, but were ultimately dismissed from the case. Eidson claimed that she walked across a “saturated” walk-off mat and then slipped on the tile floor due to water being tracked in by other customers. She contended that the walk-off mats were so wet, that they made her feet wet and allowed her shoe to get stuck in them, somehow causing her to slip and fall. Plaintiff’s counsel asserted that the walk-off mats were soaked and, therefore, constituted a dangerous condition. Counsel also asserted that the walk-off mats should have replaced, or dried off, but were, instead, allowed to be left in a dangerous condition. Defense counsel contended that Eidson fell a few feet from a “wet floor”/”caution” sign and that no one who was with Eidson gave her warning. Counsel also contended that all reasonable rainy-day procedures were in place and that there were extra walk-off mats and warning signs put out. Thus, counsel asserted that there was not much more that could have been done. Defense counsel further contended that the walk-off mats do not allow water to saturate them, as Eidson alleged. In addition, the defense’s expert meteorologist would have testified that there was very light rain on the subject date and that there was heavier rain in the state, but not in the area of the mall., Eidson sustained a severe, comminuted fracture of both the tibia and fibula in her lower, right leg. She was subsequently taken immediately to St. Joseph Hospital of Orange. The next day, Eidson underwent surgery, during which pins and rods were inserted. A few weeks later, Eidson returned to Florida and then underwent two more surgeries, during which time the hardware was removed. Eidson claimed that her foot no longer strikes the ground flat, but tilted instead, causing her gait to be changed. She also claimed she is limited in how long she can stand or walk. Eidson alleged that as a result, she can no longer go to theme parks, which she used to enjoy, including Disney World, in Orlando, where she resided. Thus, Eidson sought recovery of approximately $154,663.41 in medical costs, or $84,747.56 after insurance adjustments. She did not make a lost earnings claim.
COURT
Superior Court of Orange County, Orange, CA
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