Case details
Plaintiff’s inattention while entering restroom caused fall: defense
SUMMARY
$392310
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
fracture, hip, hip replacement, knee
FACTS
On Nov. 16, 2015, plaintiff Francine Sutton-Williams, 65, a retiree, took her vehicle for servicing at Rony’s Car Pros, an automobile repair and body shop in Culver City. As she was waiting for her vehicle, she requested to use the restroom. She then opened the door, started to walk inside, tripped, and fell to the floor, her left hip. Sutton-Williams sued the lessee of the property, Rony’s Car Pros Inc. The owners of the property, Drue Ashford and Jerome Ashford, were later added as defendants. Sutton-Williams alleged that the defendants failed to warn of the bathroom’s dangerous condition. Sutton-Williams claimed that the threshold at the door to the restroom was over 2 inches in height, and higher in some places, and that it was not perceivable until the door was open and she attempted to enter. Thus, she claimed that she tripped on the threshold to the restroom. Plaintiff’s counsel argued that the threshold presented an unreasonable danger and that there should have been a warning on the door to “watch your step.” Counsel contended that the building code height limit was 1 inch and had been so since 1973, and that the building code represented a safety standard. Thus, plaintiff’s counsel argued that the threshold was both a violation of the statute and an inherently unsafe condition. Defense counsel contended that the building had been “grandfathered” in, so the height limitation was not applicable. Counsel also contended that the condition was open and obvious and that Sutton-Williams was inattentive, causing her fall and . According to plaintiff’s counsel, defense counsel argued — and the defense’s safety expert testified — that the building code did not represent a safety standard., Sutton-Williams sustained a fracture of the left hip. She was subsequently taken by ambulance to Cedars-Sinai Medical Center, in Los Angeles, where she underwent a hip replacement on Nov. 18, 2015. Sutton-Williams claimed that she was in the final stage of arthritis in the right knee and that the subject hip injury aggravated her pre-existing arthritis, causing her right knee’s condition to deteriorate. She claimed that as a result, she had to undergo a right knee replacement in April 2017. Sutton-Williams claimed that she had some residual aching in her left hip after walking for long periods and doing certain activities. She also claimed that her continued knee and hip pain limited her ability to walk, cook and garden. Thus, Sutton-Williams sought recovery of $51,000 in past medical costs. She also sought recovery of damages for her past and future pain and suffering. Defense counsel argued that Sutton-Williams had no residual .
COURT
Superior Court of Los Angeles County, Los Angeles, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
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- scapula
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- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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