Case details

Plaintiff’s injuries should have resolved within weeks: defense

SUMMARY

$7885

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
knee, knee contusion
FACTS
On Feb. 4, 2015, plaintiff Grace Sousa, 51, an aesthetician, slipped and fell on wet paint outside of the Point Loma Plaza shopping center, located at 3689 Midway Drive, in San Diego. She claimed to her left hand and left knee. Sousa sued the owner of the shopping center, FW CA-Point Loma Plaza, LLC; the company that had applied the paint, Sal Concha Painting Inc.; and two of Sal Concha Painting’s employees, Juan Vasquez and Eduardo Sabin. Allied Grading & Paving Inc., Red Crow Inc.; Regency Center LP and Regency Centers Corp. were also initially named as defendants, but they were ultimately dismissed from the case. In addition, FW CA-Point Loma Plaza settled out. Sousa claimed she slipped and fell on a red “fire-lane” stripe that had recently been painted by Sal Concha Painting outside of the shopping center. She claimed the company was negligent for not placing cones, signs or warnings in the area to warn of the dangerous condition. Sal Concha Painting, Vasquez and Sabin admitted liability for the accident., Sousa sustained a contusion to her left knee and bruising to the knuckle area of her left hand. She presented to her primary care doctor the next day and was diagnosed with the contusions. About three weeks later, she saw an expert hand specialist, who gave her an injection to her left hand. Sousa had no more than five doctor appointments and then did not see her treating hand specialist again until three years later. At that time, the hand expert ordered an MRI, which was normal, other than showing signs of osteoarthritis in the left index finger, near the fingernail. Sousa, an aesthetician, alleged ongoing pain in her left hand, which she claimed limited the number of facials she could do for the rest of her life. She also alleged that she had to hire a housekeeper to help with her daily activities and that she will need to continue having a housekeeper until she retires. Sousa’s left knee resolved. The plaintiff’s treating hand expert opined that there may have been some internal bleeding in the knuckle area as a result of the fall and that there is small scar tissue in Sousa’s knuckle on the left index finger that would not show up on an MRI. The expert also opined that Souse may need to undergo platelet-rich plasma injections, laser treatments and surgery in the future. Sousa sought recovery of $150,000 in past lost earnings; $240,000 in future lost earnings; $15,000 in future medical expenses; and unspecified amounts for past and future loss of profits, and the past and future costs of hiring a housekeeper until she retires. She waived her past medical specials at trial. During closing arguments, plaintiff’s counsel asked the jury to award Sousa nearly $500,000 in total damages. Defense counsel disputed the nature and extent of Sousa’s and noted that the plaintiff’s treating hand expert did not see any evidence of internal bleeding in the knuckle area when he saw Sousa three weeks after her initial visit. The defense’s expert orthopedic surgeon opined that Sousa sustained a soft-tissue injury to her left hand that should have resolved within two to three weeks of the fall. Defense counsel also disputed Sousa’s alleged past and future loss of earnings. Counsel argued that Sousa’s testimony was that she did an average of five facials a day prior to the fall, but that Sousa’s testimony was not supported by the documents she produced in discovery.
COURT
Superior Court of San Diego County, San Diego, CA

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