Case details
Plaintiff fractured leg when door closer failed to work properly
SUMMARY
$185179.54
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
fracture, hip, leg
FACTS
On March 19, 2015, plaintiff Isabella Lubomirski, 93, a retiree, was exiting the restroom at Sansai Japanese Grill, in Burbank, when she was struck on the back by the wooden door, causing her to fall on her left side. Lubomirski sustained to her left hip and leg. Lubomirski sued the operator of Sansai Japanese Grill, PCAL-BB Inc. Plaintiff’s counsel contended that the closer on the women’s restroom door was not working properly. Counsel contended that the restaurant’s restroom doors were equipped with pneumatic door closers that were supposed to prevent the door from slamming shut, but that the closer on the women’s restroom door did not control the swing speed of the door and closed with sufficient force to throw Lubomirski to the ground. PCAL-BB Inc. admitted liability shortly before trial., Lubomirski was taken from the restaurant to Huntington Memorial Hospital, in Pasadena, where doctors discovered that she had a comminuted, displaced, intertrochanteric fracture of the left femur. She underwent a rodding surgery that left her with a 15-inch piece of titanium in her leg, near her hip. Before the injury, Lubomirski lived on her own, was completely independent, and was very active, in that she exercised and walked almost every day. However, she claimed that after the surgery, despite tireless efforts in physical therapy and on her own, she suffered from instability, which required her to use a cane, and constant fatigue, which prevented her from doing many of the activities she was able to before the incident. Approximately three years after the incident, Lubomirski suffered another fall, which caused severe and left her requiring the use of a wheelchair. At trial, the jury was instructed that the subsequent fall was unrelated to the original injury. Lubomirski sought recovery for her past medical costs, and past and future pain and suffering. Defense counsel contended that Lubomirski had balance and stability issues before the incident and that she had recovered to her pre-injury state approximately seven months after the incident.
COURT
Superior Court of Los Angeles County, Los Angeles, CA
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