Case details

Plaintiff had knowledge of step prior to fall, defense argued

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
dental, knee, meniscus, tear
FACTS
On Sept. 30, 2008, plaintiff Linda Hines-Slattery, 50, a UPS mail carrier, went to the home of Anand and Marcia Bhattacharya in West Village to deliver a package. After dropping off the package by the front door, she started to walk back toward her truck and tripped and fell on a single step on the home’s walkway, her right knee and teeth. Hines-Slattery sued Anand and Marcia Bhattacharya, as well as the Bhattacharya Family Trust. She alleged that the step in question constituted as a dangerous condition and that the defendants were liable for failing to address that condition. Hines-Slattery claimed that she forgot the step was there due to it being unnoticeable when walking back toward the street. The plaintiff’s expert engineer testified that the step lacked delineation to distinguish it from the walkway, creating an unsafe condition as the step blended in with the walkway. Defense counsel argued that the step was not a dangerous condition, as it was safe and built to code. Counsel also argued that Hines-Slattery had knowledge of the step existing, as she had walked up the step seconds before she allegedly tripped over it., Hines-Slattery fell face-first, resulting in chipped teeth and a torn meniscus in her right knee. She then returned to work and was sent to a workers’ compensation doctor, who then referred her to an orthopedist. Hines-Slattery underwent two arthroscopic surgeries on her right knee and followed up with physical therapy. She also received dental work to repair the chipped teeth. Hines-Slattery missed time from work as a result of her surgeries, recovery time and doctor appointments. However, she claimed she still experiences pain and discomfort in her right knee, preventing her from surfing, bike riding and hiking. She claimed that as a result, she will require a knee replacement surgery and will have to miss more work in the future. Thus, Hines-Slattery claimed $27,578.50 in damages for her past medical costs. She also asked the jury to award $50,000 to $60,000 for future medical costs, $37,527.84 for past lost earnings, and unspecified amounts for her future lost earnings, and past and future pain and suffering. Defense counsel argued that Hines-Slattery’s knee treatment was excessive and unnecessary, and that the plaintiff will not need knee replacement surgery.
COURT
Superior Court of Ventura County, Ventura, CA

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