Case details

Plaintiff struck in store claimed she required future care

SUMMARY

$886974

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
an aggravation of degenerative spinal arthritis, back, hip, non-displaced fracture, pelvis
FACTS
On May 14, 2013, plaintiff Eileen Plent, a retired 86 year old, was shopping at an Albertson’s grocery store, in Thousand Oaks, when she was struck from behind by a loaded merchandise cart operated by an Anheuser-Busch employee who was delivering products to the store. Plent fell to the ground, and she claimed to her hip, pelvis, and back. The incident was captured on the store’s video surveillance. Plent sued the operator of the grocery store, Albertsons, LLC, and the employer of the person that struck Plent, Anheuser-Busch, LLC. Plent claimed the Anheuser-Busch employee was negligent for pushing the cart into her. Anheuser-Busch admitted liability. Albertsons was ultimately dismissed from the case prior to trial, after Anheuser-Busch stipulated that its employee was solely responsible for the incident., After the incident, Plent was taken to a hospital, where she was diagnosed with a non-displaced fracture of the pelvis and an aggravation of degenerative spinal arthritis. She was eventually released from the hospital after two days and then began a course of physical therapy treatment. Plent claimed that despite treatment, she still has ongoing hip and back pain. She claimed that as a result, she will need visits to a physical medicine and rehabilitation physician, a one-time pain management program, Botulinum Toxin injections, physical therapy, a vestibular program, intra-articular injections, and in-home services. Thus, Plent sought compensation for her future medical and related expenses, which she claimed had the present cash value of $290,000. (She waived her past medical costs, which totaled $13,975.22.) Plent also sought recovery of damages for her physical pain and mental suffering, and for her loss of enjoyment of life. Defense counsel disputed the nature and extent of Plent’s alleged and damages. Counsel contended that Plent did not need any future care for the related to the incident, other than two physical therapy visits for training in in-home exercises and mild analgesics. Counsel further contended that if Plent did need future care, it would be for epidural steroid injections at a cost of $4,000 to $32,000 for treatment of her pre-existing degenerative joint disease. Defense counsel argued that Plent had recovered and that her current complaints were due to her age. Counsel contended that Plent’s unrelated medical conditions and included peripheral vascular disease, prior compression fractures of the thoracic and lumbar spine, pre-existing scoliosis, segmental instability, degenerative joint disease, and generalized osteoarthritis. In addition, defense counsel contended that Plent had a subsequent fall and that the fall caused her current complaints.
COURT
Superior Court of Los Angeles County, Pasadena, CA

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