Case details

Plaintiff had numerous injuries before second fall: defense

SUMMARY

$125000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
knee, leg, patellar, quadriceps, torn
FACTS
On Jan. 7, 2017, plaintiff Tamara Ritchon, 42, who was on disability, was walking up the front walkway to her apartment after being recently discharged from a hospital when she when she tripped and fell. Earlier that morning, Ritchon fell while emptying trash outside of her apartment. She was treated at Eden Medical Center, in Castro Valley, and discharged with a walker and an immobilizer on her left knee. As Ritchon was returning home to her apartment, she fell. She claimed she tripped on a crack in the walkway and landed on both knees. Ritchon sued the owners of her apartment, Navid Jam and Gloria Jam. Ritchon alleged the Jams were negligent for failing to repair the walkway, creating a dangerous condition. Defense counsel contended that Ritchon should have had knowledge of the crack, as she resided there and was familiar with the property. Counsel also contended that Ritchon never made a prior claim regarding the alleged crack. Defense counsel also asserted that Ritchon could have tripped from her walker, as falls in patients using walkers are common, and that Ritchon’s own statements and expert testimony would have showed that Ritchon’s foot placement had no impact on any fall from a “trip hazard.” However, the Jams ultimately admitted liability, as they acknowledged there was a crack in the walkway. (They have since fixed the crack.), Ritchon claimed she sustained a right quad tear and a left patellar tendon tear as a result of her fall on the walkway. She was previously diagnosed with a left patellar tendon rupture after her first fall, and was treated and released from Eden Medical Center with a walker and an immobilizer on her left knee. After her second fall, Ritchon was brought back to Eden Medical Center by ambulance and she later underwent an orthopedic evaluation at San Leandro Hospital on Jan. 9, 2017, which confirmed the diagnoses. On Jan. 20, 2017, Ritchon underwent a right quadriceps tendon repair and a left patellar tendon repair. She then underwent rehabilitation until her discharge on Jan. 26, 2017, at which time she began physical therapy at home. Ritchon sought recovery of damages for her pain and suffering. (She is a recipient of Medicare, and she did not make a claim for lost wages.) Defense counsel asserted that Ritchon was not injured form the second fall and that Ritchon had suffered from previous similar prior to the subject fall, as well as had numerous other medical specials that are unrelated to the incident in question. Counsel contended that Ritchon was on total disability since 2002 because of lupus and end-stage rental failure. Defense counsel asserted that the second fall was not the main reason for Ritchon’s , as spontaneous tendon ruptures are a well-known complication of chronic renal failure. The belief that Ritchon suffered a spontaneous rupture of her tendons was supported by a report submitted by the defense’s orthopedics expert. In addition, defense counsel noted that while Ritchon was at Eden Medical Center the second time, she reported that during her first visit, she thought walking at the hospital made the pain intolerable and that by the time she got home, her knees felt weak and she lost her balance and fell to the ground.
COURT
Superior Court of Alameda County, Oakland, CA

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