Case details

Plaintiff had enough visibility to avoid trash receptacle: defense

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
fracture, leg, right thigh
FACTS
On Feb. 3, 2011, plaintiff Donna Geiger, 89, a retiree, entered an office building, in Hesperia, and walked through the main hallway. She then turned right and walked into a trash receptacle, causing her to fall. Geiger sustained an injury to her right thigh. Geiger sued the owner of the subject building, G&S Holdings LLC. Plaintiff’s counsel contended that the hallway lights were off at the time of the accident and that the trash receptacle was negligently placed in the middle of the hallway, both of which constituted dangerous conditions. The plaintiff’s accident reconstruction expert testified that the lighting level at the trash receptacle was below what was required of the fire code. The plaintiff’s expert ophthalmologist testified about the ability of the eye to adjust from a well-lit area to one that was less lit. This ophthalmologist opined that because there was a different amount of illumination in the subject hallway than the one by the entrance, it would have been harder for an elderly person’s vision to adjust. Defense counsel contended that there was daylight at the time of the incident and that the janitorial service had no recollection of the lights being off. Counsel argued that a janitorial service that cleans the building nightly for an hour would have noticed if the lights were off or on. Counsel further argued that a witness who came to the scene, who was also one of the tenants of the building, recalled that he had no problems with visibility. In addition, defense counsel argued that Geiger testified that prior to her colliding with the trash receptacle, she admitted that she was looking at a stairwell. The defense’s accident reconstruction expert measured the light levels of the area for visibility and concluded that the light did not meet the upper edge of the trash receptacle. However, the defense expert testified that while the levels were in the borderline range of where they should have been, the situation was not a fire evacuation, so the fire code did not need to be consulted regarding visibility., Geiger claimed that she sustained a fracture of the right femur at the top of where the rod connects to the hip, which had previously undergone a hip replacement. As a result, she had to undergo another surgery to repair the new femur fracture and then spent a few weeks in an assisted living facility. Geiger claimed that the surgical revision resulted in her right leg becoming shorter than her left leg and that as a result, she needed to compensate the shorter right leg by wearing a heel lift. She also claimed that as a result of the fracture, she suffered blood clots and had to be placed on Coumadin. Geiger claimed that because her right leg is shorter than her left, her right foot became caught on the edge of a patio in her backyard after attempting to step up onto it on March 4, 2013. She claimed that as a result, she fell and landed on her left side, her left shoulder. Geiger claimed the fall was caused by her not being able to properly lift her right leg and compensate for the height difference. She also claimed that as a result of her shoulder injury, she once again had blood clots, had to be placed back on Coumadin, and spent a couple of weeks in assisted living. Geiger contended that she is now living in pain after her subject femur injury and that she continues to deal with the impact of her shoulder. Thus, Geiger sought recovery of medical costs and damages for her past and future pain and suffering. Her husband, Nick Geiger, presented a derivative claim seeking recovery for his loss of consortium. Plaintiffs’ counsel asked the jury to award the Geigers $1.4 million in total damages. Defense counsel noted that Ms. Geiger’s treating orthopedic surgeon testified, via video deposition, that he referred Ms. Geiger to Loma Linda University Medical Center, in Loma Linda, and that she could have undergone surgery for her left shoulder, but that Ms. Geiger decided not to due to her age. Defense counsel also argued that nothing in Ms. Geiger’s medical records to indicate that she would have a problem lifting her leg to clear a two-inch patio deck.
COURT
Superior Court of San Bernardino County, San Bernardino, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case