Case details

Plaintiff had seen object that caused fall, defense argued

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
arm, fracture, wrist
FACTS
On June 28, 2017, plaintiff Pamela Frost, 63, a pharmacy technician, was staying at the home of a friend, Cathy Buffington. As Frost and Buffington were making the guest bed, Frost reached over to grab sheets that Buffington had thrown and tripped on a set of dog stairs that was near the bed next to her. Frost landed on her right hand, her wrist. Frost sued Buffington, alleging that Buffington created a dangerous condition that caused the trip and fall. Plaintiff’s counsel contended that Frost never saw the dog stairs prior to her fall. Counsel also contended that when Buffington threw Frost the sheets, Buffington did not throw them directly to her, which caused Frost to lean over and trip over the dog stairs. Defense counsel contended that prior to going out for dinner, Frost commented on the 30 inch by 20 inch dog stairs, asking if they were for Buffington’s pet. Counsel argued that Frost had seen the dog stairs and that the dog stairs were open and obvious., Frost was driven to an emergency room, where she was diagnosed with fractures of the right, dominant wrist. She sustained fractures of the right distal radius and ulna. Frost immediately underwent open reduction and external fixation. A few months later, Frost had the fixator removed and she started a course of physical therapy for a few months. Frost claimed that she continues to have problems with up and down movement in her wrist, causing a limited range of motion. She claimed that as a result, she has difficulty with activities of daily living. Frost’s treating orthopedic surgeon opined that Frost’s limitations and residual pain are permanent and that Frost’s right wrist is at an increased risk of arthritis. Plaintiff’s counsel asked the jury to award Frost $300,000 in damages, the full amount of Buffington’s policy. The defense’s expert orthopedic surgeon confirmed that Frost’s treatment was appropriate. However, the expert opined that Frost made a good recovery and that while Frost has some limitations, her wrist is functional and should not affect her activities of daily living. The parties established a $300,000/$10,000 high/low agreement.
COURT
Superior Court of San Diego County, San Diego, CA

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