Case details

Plaintiff: Unsecured patio umbrella led to neck injury

SUMMARY

$930000

Amount

Decision-Plaintiff

Result type

Not present

Ruling
KEYWORDS
back, brain, cervical, concussion, fusion, head, headaches, herniated disc, lumbar, neck
FACTS
In March 2017, plaintiff Patricia Thorington, a travel agent in her 50s, vacationed at the Ojai Valley Inn & Spa, in Ojai. While she was sitting at a table on the patio area, a patio umbrella tipped over, blew toward Thorington, and struck her neck and one of her shoulders. Thorington claimed that she suffered of her back and neck. Thorington sued the corporate owner of the spa, Ovis LLC. She alleged that Ovis failed to properly install and secure the patio umbrellas, creating a dangerous condition. No one appeared at court for Ovis LLC., Thorington claimed that she suffered a concussion. She also claimed that she suffered herniations of her C5-6, C6-7, L4-5 and L5-S1 intervertebral discs. Thornton attempted to treat her neck pain with physical therapy. She had previously undergone fusion at L2-3, so she returned to her prior neurosurgeon when her spinal pain continued after physical therapy. She ultimately underwent fusion and a laminectomy at the C5-6 and C6-7 levels. She then underwent lumbar fusion and a laminectomy at the L4-5 and L5-S1 levels. Thorington claimed that she is still suffering constant pain, discomfort, headaches and arm numbness and that her complaints are consistent with neck and surgery. Thorington further claimed that she was a workaholic with a vivacious personality who was always on the go and very active, but that her have decreased her abilities and opportunities. Thorington sought recovery for her past and future medical costs, and past and future pain and suffering.
COURT
Superior Court of Ventura County, Ventura, CA

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