Case details

Plaintiff: Hotel negligently set up event, causing fall over curb

SUMMARY

$100000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
elbow, fracture
FACTS
On April 9, 2010, plaintiff Veronica Villasenor, a retired 66 year old, attended a Habitat for Humanity charity event outside the Sheraton Universal Hotel in Universal City. Villasenor was standing and talking with friends as she took a step to her right and backward, but found that there was nothing under her foot. As a result, she fell off the curb and onto her right elbow. Villasenor sued Starwood Hotels & Resorts Worldwide Inc., L.H. Universal Operating LLC, LH Universal Holdings LLC, Robert McLellan and Entertaining Ventures Management Inc. Villasenor alleged that the defendants created a dangerous condition due to the manner which the charity event was set up. However, the matter only continued against the owner and operator of the hotel, L.H. Universal Operating LLC, and the other defendants were dismissed before trial for a waiver of costs, as the parties agreed that L.H. Universal Operating LLC was the only proper defendant. Villasenor claimed that L.H. Universal Operating LLC held the reception and silent auction in an outdoor area with a driveway, and that the hotel set up the event in a manner that created a bottleneck for the 350 guests. Specifically, she alleged the auction tables were placed across from the hotel’s exit doors and as a result, the guests congregated right where the curb was situated. Villasenor claimed that as a result of the very crowded area, she could not see the curb while she was standing next to it and that this caused her fall. Thus, she alleged that the hotel negligently set up the event and created a dangerous condition, as the guests were unable to see the curb due to the number of the guests in the area. Counsel for L.H. Universal Operating LLC contended that the area in question complied with safety codes and that there was nothing dangerous about the manner in which the event was set up., Villasenor sustained a comminuted fracture to the olecranon of the right, dominant elbow. She was subsequently taken to Providence Saint Joseph Medical Center in Burbank and underwent open reduction and internal fixation surgery on April 21, 2010. Villasenor did not claim any economic damages, as her medical bills were paid by Medicare and private insurance. Thus, she only sought recovery of damages for her past and future pain and suffering.
COURT
Superior Court of Los Angeles County, Pomona, CA

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