On Sept. 10, 2012, plaintiff Marcelle Wahba, 53, a tax accountant for H&R Block, slipped on a spill in front of a Lenscrafters store at the Westfield Valencia Town Center mall, in Valencia. Wahba claimed to her right arm, hand, elbow, wrist, and knee. Wahba sued the mall owner, Westfield Valencia Town Center Venture L.P.; and the mall’s housekeeping contractor, Environmental Service Concepts. Wahba alleged that the defendants were negligent in the maintenance of the mall, creating a dangerous condition. Specifically, she claimed the defendants failed to properly inspect and clean the floor to prevent any hazards. Defense counsel noted that a video of the scene appeared to show a male spilling or dropping his drink at the exact location where Wahba would fall just a few minutes later. (However, the quality of the video was poor.) Thus, defense counsel asserted that since the spill occurred only a few minutes before Wahba’s fall, the defendants had no prior notice of the spill., Wahba claimed that she sustained a fracture of the right elbow, resulting in pain to her right arm and hand. She also claimed that she suffered pain to her right knee as a result of the fall. Wahba subsequently presented to a hospital, where she underwent diagnostic studies. She later treated her with physical therapy. Wahba claimed that she continues to suffer ongoing pain, affecting her ability to perform her daily activities. Specifically, she claimed that her range of motion is now limited and that she is disabled. Thus, Wahba sought recovery of approximately $18,000 in medical costs. She made no lost earnings claim, but sought recovery of damages for her pain and suffering. Defense counsel noted that although Wahba denied any prior similar during discovery, her medical records showed that she fractured her right elbow six weeks before the subject incident, when she fell down the stairs at her home. The defense’s radiology expert reviewed Wahba’s elbow films and was prepared to testify that the fracture was pre-existing and had started to heal just before the subject incident.
