Case details

Plaintiff’s claim regarding fall location was inconsistent: defense

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
arm, fracture, radius, wrist
FACTS
On Feb. 17, 2013, plaintiff Charisma Mouton, 65, a Los Angeles Airport maintenance worker, was leaving a meeting at the Behavioral Health Services facility, in Gardena. After leaving the meeting room, she walked outside onto the concrete pad and was on her way to the asphalt parking lot when she tripped. As Mouton fell, she outstretched her left hand, causing it to hit the pavement and allegedly sustain to her left wrist. Mouton sued the owner of the building, Behavioral Health Services Inc., alleging that it failed to repair or maintain a dangerous condition on the concrete pad. Mouton testified that she left the meeting room and walked approximately 10 to 20 feet in a shaded area when her foot got caught, causing her to trip and fall. She claimed that she never walked in the subject area before and that she did not immediately know what caused her fall. Mouton described the defect and what she felt as she tripped and fell, and explained that she returned several months later to photograph the defect. Thus, she determined that a change in elevation where a concrete pad met the asphalt parking lot surface was the cause of her fall. Mouton asserted that the defect consisted of an asphalt area that was between two concrete swales in which the uneven, cracked and damaged concrete was raised between 1 and 2 inches, causing a tripping hazard in conjunction with the deteriorated asphalt, in which she tripped. Plaintiff’s counsel contended that the area was unreasonably dangerous and should have been repaired prior to the day that Mouton fell down. Counsel contended that the parking lot had not been maintained for 20 years and that Behavioral Health Services had obtained bids to do repairs of the defects it knew existed, which it did not undertake, as admitted by the defense experts. Plaintiff’s counsel further contended that defense witnesses admitted to the defects, as well as to the failure to maintain and repair the alleged longstanding, dangerous condition. According to plaintiff’s counsel, Judge Paul Bacigalupo excluded, and refused to let the jury consider, the applicable building code. Defense counsel contended that Mouton attended weekly meetings at the facility and had walked in and out of the facility two to three times per week for three to five years. Counsel also contended that the change in elevation at the area where Mouton claimed she fell was a half inch on the toe side, and an eighth of an inch on the heel side. Thus, defense counsel argued that there was no mechanism for Mouton’s foot to get trapped at the location in question and that the area was not dangerous. Counsel contended that the subject location was walked over by hundreds of people weekly and that there was no evidence of anyone ever falling or being injured at the same location. Defense counsel also contended that the place where Mouton believed that she fell was 27 feet away from the front door of the facility where Mouton had her meeting and that it was not the area where Mouton would have been after leaving the building and walking three or four steps. The defense’s biomechanics expert measured the distance and demonstrated the distance to the jury during trial., The trial was bifurcated. Thus, damages were not before the court. Mouton went to a hospital immediately after she fell and was diagnosed with a fracture of the distal radius of her left, nondominant hand. She subsequently underwent surgical repair of the fracture with internal fixation. Mouton missed six months of work, and then returned to her previous occupation. However, she claimed she suffers from residual pain in multiple areas of her body.
COURT
Superior Court of Los Angeles County, Van Nuys, CA

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