Case details

Plaintiff: RV park’s failure to repair concrete slab caused fall

SUMMARY

$3708688.6

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
brain, brain injury, cognition, impairment, mental, psychological, right eye, subdural hematoma, traumatic brain injury
FACTS
On Sept. 15, 2012, plaintiff Vera Johnson, a retired 70 year old, was at the Desert Willow RV Resort in Hesperia on a trip with an RV club that she was part of with her husband. The club traveled throughout California and they had previously been to the Desert Willow RV Resort. Johnson had organized the event for the weekend, and the club arrived at the resort on Sept. 12, 2012. At approximately 8 p.m. on the evening of Sept. 15, 2012, Johnson left the clubhouse of the RV park carrying pie and ice cream to deliver to her fellow members of the RV club who were unable to make it to the clubhouse. Unable to find her friends, Johnson proceeded to return to the clubhouse. Rather than returning to the clubhouse following the same route she took when she left, which was walking around the three rows of parked RVs, Johnson crossed through the second row of RVs and stepped on one of the concrete slabs that was located adjacent to each parked RV. There was no lighting for this second row of RVs, unlike the first and third rows, which did have lighting. As a result, Johnson’s foot got caught in a crack in the concrete slab, causing her to fall forward and strike her head on the concrete. At the time of the fall, Johnson was wearing flip-flops and was not carrying a flashlight. There were no witnesses to the fall. Johnson sued the operator of Desert Willow RV Resort, Willow Oaks Park, LLC. Johnson alleged the defendant was negligent in the repair and/or maintenance of the RV resort, creating a dangerous condition. Specifically, she claimed Willow Oaks failed to properly repair the cracked concrete slab and failed to make sure the second row of RVs had adequate lighting, as the first and third rows did. Defense counsel disputed the location of Johnson’s alleged fall and disputed whether Johnson even fell at the park. Counsel also disputed whether the damaged concrete slab and lack of lighting constituted a dangerous condition. In addition, defense counsel argued that Johnson was negligent for “cutting through” the second row of RVs, wearing flip-flops, and walking at night without a flashlight when Johnson had admitted knowing that there were cracks in the concrete slabs before she fell., Johnson claimed she suffered a subdural hematoma, resulting in headaches and left-sided paralysis. She also claimed her condition caused her to suffer from mild cognitive impairments. After Johnson fell, an unidentified individual at the RV park heard Johnson’s calls for help and went to the clubhouse to inform them that one of its members had fallen. Several of the group members, including Johnson’s husband, went to her aid and noted she had no visible other than some swelling over her right eye. Despite Johnson’s refusals, her husband took her to an urgent care center for examinations. No CT scan or other diagnostics were performed, and Johnson was released with instructions to return only if symptoms worsened. Approximately six weeks later, Johnson presented to her primary care physician with severe headaches. She was subsequently sent for a CT scan and was diagnosed with a subdural hematoma. After spending a few days in the hospital for observation, she was released. One day after her release, Johnson fell out of bed and had stroke-like symptoms, including left-sided paralysis. She was then taken back to a hospital, where a burr-hole craniotomy was performed to relieve the pressure on her brain. After nearly one week in the hospital, Johnson was noted as being “back to baseline” and was transferred to an inpatient rehabilitation facility for a two-week stay. Johnson then returned home with very mild cognitive impairments and now walks with the aid of a cane. The plaintiffs’ medical experts opined that Johnson will need daily care for the rest of her life. Johnson’s past medical costs were stipulated as being $67,771.60. She also sought recovery of future medical costs, and recovery of damages for her past and future pain and suffering. Her husband, Horace Johnson, a retired 73 year old, presented a derivative claim, seeking recovery of damages for his past and future loss of consortium. Defense counsel disputed whether the subdural hematoma was caused by the fall or some other intervening event that occurred in the six weeks between the fall and the diagnosis. Thus, counsel disputed whether the fall caused any injury at all. Instead, defense counsel contended that Mrs. Johnson’s alleged cognitive and mobility issues were a result of a laundry list of pre-existing medical conditions. Defense counsel argued that since Mrs. Johnson was found to be “back to baseline” upon her discharge from the hospital and rehabilitation facility, she did not need any future care. In addition, counsel presented a sub rosa video surveillance of Mrs. Johnson, which showed her at a bowling alley and purchasing items at a store. Thus, defense counsel contended that there was nothing wrong with Mrs. Johnson and that Mrs. Johnson was fabricating the extent of her .
COURT
Superior Court of San Bernardino County, San Bernardino, CA

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