Case details

Plaintiff’s inattention caused trip over curbside, defense argued

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
dental, face, fracture, fractured teeth, jaw, nose
FACTS
On Feb. 26, 2010, plaintiff Betty Ramirez, 73, a real estate broker who owned a resort community, tripped on the flared side of the handicap ramp as she approached the entrance of a Save Mart store in Tehachapi. She alleged to her right dominant shoulder, left hand, and face. Ramirez sued the property management company, Tehachapi Towne Center, LLC. She alleged that the defendant carelessly and negligently controlled, inspected and maintained the store front, allowing an apparent and obvious dangerous condition to exist. Ramirez claimed that the curbside should have been more visible. Specifically, she claimed that the curbside should have had a yellow detectable warning running from the adjacent handicap ramp to where she tripped. Moreover, Ramirez claimed that if the curbside was painted regularly, or had a detectable warning on the handicapped ramp, she would have seen the curbside and been able to prevent her trip and fall. Defense counsel argued that there was no prior notice of any alleged dangerous condition. Counsel further argued that the condition was open and obvious, and that Ramirez’s accident was caused by her being inattentive., After her fall, Ramirez was taken by a friend and son to her primary care physician, who subsequently took an X-ray of her face. The following week, Ramirez presented to a rheumatologist, with whom she had a pre-existing appointment, and underwent another X-ray of her face. Both X-rays revealed no fractures. However, Ramirez claimed she suffered a rotator cuff tear of her right, dominant shoulder, a fractured jaw and facial contusions, as well as claimed that she reinjured her left hand. Ramirez received treatment for her rotator cuff injury in October 2010, and underwent surgical repair of her shoulder in December 2010. She also had the fractured teeth replaced in 2011. In addition, Ramirez claimed that she had two surgeries on her left hand before the accident and that after the subject fall, she necessitated a third surgery, which she underwent in 2011. The plaintiff’s orthopedic surgery expert and treating physician opined that Ramirez’s torn rotator cuff was attributable to the subject incident. Thus, Ramirez claimed that her total medical cost amounted to $59,574.25. Ramirez testified that she suffers continual shoulder pain and that her left hand is no longer functional. Thus, she alleged that her quality of life was impacted and that she had to retire. Defense counsel contended that Ramirez’s rotator cuff tear, left hand injury and replacement of her teeth were unrelated to the subject accident due to pre-existing conditions.
COURT
Superior Court of Kern County, Bakersfield, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case