Case details

Plaintiff: Fall on store floor caused ankle and spine injuries

SUMMARY

$15000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
ankle, sprain, strain
FACTS
On Aug. 10, 2010, plaintiff Theresa Gomez, an unemployed woman in her 40s, paid the cashier at an Albertsons grocery store in San Pedro was walking toward the exit when she allegedly slipped and fell. She claimed to her right ankle, neck and back. Gomez sued the store’s operator, Albertsons Sav-On. She alleged the defendant failed to properly maintain its floor, creating a dangerous condition, and that the company had notice of this condition. Specifically, Gomez claimed that Albertsons Sav-On failed to clean up the floor, causing her to slip on some berries that were on the floor. Albertsons Sav-On disputed whether or not the slip-and-fall accident even occurred, and claimed that it had no notice of a dangerous condition on the alleged date of loss., Gomez was taken to an emergency room on the date of the accident. She was diagnosed with a sprained right ankle, as well as soft-tissue strains and sprains of her neck and back. She subsequently treated her with five to six months of physical therapy. Gomez also claimed she required facet injections to her lower back after exacerbating the injury picking up a bed. Gomez claimed that while her ankle and neck have resolved, she still experiences pain and discomfort in her lower back. Thus, she claimed roughly $38,000 in past medical costs and sought further recovery of damages for her pain and suffering. Defense counsel contended that Gomez did not sustain any serious injury during the alleged incident. Counsel also contended that Gomez’s subsequent injury while lifting a bed caused the pain and discomfort in her lower back, as well as need for facet injections.
COURT
Superior Court of Los Angeles County, Long Beach, CA

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