Case details
Plaintiff: Failure to maintained stairs resulted in injuries
SUMMARY
$45500
Amount
Mediated Settlement
Result type
Not present
Ruling
KEYWORDS
fracture, shoulder
FACTS
On Nov. 23, 2010, plaintiff Lloyd Jamison, an unemployed/disabled 29 year old, was returning home from buying groceries and walking up the stairs to his apartment in a public housing building in San Francisco. As he ascended the second flight of stairs carrying a grocery bag, one of the concrete steps gave way under his right foot. As a result, Jamison lost his balance and grabbed onto a railing with his right hand, and became stuck in the broken stairway. Jamison had to be extricated by emergency medical technicians, and he claimed to his right hand and shoulder as a result of grabbing the railing to prevent his fall. Jamison sued the San Francisco Housing Authority, which owned and operated the building. He alleged the defendant failed to maintain and repair the subject staircase, creating a dangerous condition. The San Francisco Housing Authority admitted liability for the accident., Jamison was taken by ambulance from the scene of the accident and brought to an emergency room. He was ultimately diagnosed with a fracture to his right, dominant hand, which was casted for seven weeks. Upon removal of the cast, Jamison complained of continuing pain in his right shoulder. He subsequently underwent an X-ray, which revealed a glenoid fracture of his shoulder. In January 2011, Jamison underwent surgery on his right shoulder and then followed up with physical therapy, which has been ongoing. Jamison, who has been on Social Security Income since before the accident, claimed he still experiences pain, discomfort and reduced range of motion in his right shoulder. Thus, he claimed he incurred roughly $65,000 in past medical costs, and sought recovery of additional damages for his pain and suffering. The city and county of San Francisco intervened in the action as a lien claimant. Counsel for the San Francisco Housing Authority argued that Jamison’s shoulder fracture was not initially reported, and questioned whether the injury was causally related to the subject accident. The defense’s medical expert opined that Jamison would have been in a great deal of noticeable pain had he fractured his shoulder during the accident.
COURT
Superior Court of San Francisco County, San Francisco, 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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