Case details

Plaintiff walked around caution sign prior to fall, defense argued

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
fracture, leg
FACTS
On Nov. 17, 2012, plaintiff Laurie Devries, 44, a business system analyst, fell while she was traversing the lobby of the Renaissance Los Angeles Airport Hotel, in Los Angeles. Devries claimed that she suffered of a leg. Devries sued the believed managers and operators of the hotel, Renaissance Hotel Management Company LLC and Sunstone Hotel Investors Inc. She then amended her lawsuit to include Renaissance Hotel Operating Co., Sunstone LA Airport LLC and Marriot International Inc. Devries alleged that the lobby of the hotel constituted a dangerous condition when wet and that the defendants failed to warn of the dangerous condition. Marriot International was dismissed from the case on a motion summary judgment. The remaining defendants stipulated that they were owners and controllers of the subject property. Plaintiff’s counsel contended that the tile floor was too slippery and that there was no warning of the slippery tile. Defense counsel contended that, prior to her fall, Devries walked over a large Renaissance-branded mat at the sliding glass entrance doors and moved around a caution sign to walk around the mat. Counsel also contended that the sign Devries walked around was a triangle-shaped, brass-colored wet caution sign, which Devries ignored. The security officer at the hotel testified that the sign was a wet caution sign that was placed in the lobby. In response, plaintiff’s counsel argued that the sign was a valet sign and that no warning signs were posted at the lobby entrance., Devries sustained a complete fracture to her right leg at the distal tibia and fibula. She was taken to an emergency room that night and was treated and released. A few months after she returned home, Devries underwent surgery to insert pins and a rod. Devries claimed that she was an avid runner, but because of her injury, she was unable to run. She also claimed that she had pain in her leg that caused her to suffer sleeplessness and weight gain, which impacted her marital relations because of low self-esteem. In addition, Devries claimed that she will need surgery to remove the hardware. Devries’ expert orthopedist opined that Devries will continue to have pain and that Devries’ leg will never be the same. Devries’ husband, Lee Devries, claimed that his wife was depressed and felt uncomfortable with her weight gain, which negatively affected their marriage, including their marital relations. He sought recovery for loss of consortium. Plaintiffs’ counsel asked the jury to award $2,238,605.82 in total damages, including $250,000 for Mr. Devries’ loss of consortium and the remainder for Ms. Devries’ past and future medical costs, and past and future pain and suffering. The defense’s expert orthopedist opined that Ms. Devries healed very well and was at the height of recovery possible for the injury she suffered. Defense counsel argued that Ms. and Mr. Devries were exaggerating their damages, as the family continued to go on at least one cruise yearly, as well as vacations after the accident, and that the couple never sought counseling or separated. Defense counsel also noted that Ms. Devries admitted at trial that she participated in fun runs with her son post-accident. Counsel also noted that despite claiming that she was in overwhelming pain and stuck in her room during the cruise she went on with her husband after the accident and claiming that she did not enjoy herself at all, Ms. Devries admitted that she did have a couples’ massage after the accident and that there were numerous pictures of her at dinners on the cruise and posing with Disney characters.
COURT
Superior Court of Los Angeles County, Alhambra, CA

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