Case details

Plaintiff’s lumbar treatment not due to fall, defense argued

SUMMARY

$48668.92

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
disc niations, left heel, lumbar spine, right knee, right shoulder, severe trauma
FACTS
On Jan. 24, 2012, plaintiff Isabel Vazquez, 58, a real estate agent, was showing two clients a property at 532 West 74th Street, in Los Angeles, when he slipped and fell on a freshly painted walkway leading to the front door. Vazquez sued owner of the property, a property investment company, Angeleno Communities LLC. He later amended his complaint to include Angeleno Communities’ individual managers, Michael Albrecht, Chad Carney and Patrick Lee; and the contractor Angeleno Communities hired to work on the property, Joseph Gonzalez. However, since Albrecht was the only individual who was served the summons and complaint, Carney, Lee and Gonzalez were dismissed at the beginning of trial. Plaintiff’s counsel contended that Angeleno Communities was liable for the slip-and-fall incident, as there were no signs placed near the location of Vazquez’s fall warning that the sidewalk was freshly painted. Thus, counsel argued that the failure to warn of the freshly painted sidewalk created a dangerous condition and caused Vazquez’s slip and fall. Albrecht disputed liability, and was ultimately granted his motion for non-suit at the commencement of trial. Angeleno Communities admitted liability., Vazquez claimed that he suffered severe trauma to his lumbar spine, causing disc herniations at the L4-5 and L5-S1 levels with nerve root compression. He also claimed he suffered severe trauma to his coccyx. In addition, he claimed he suffered pain to his left heel, right shoulder, and right knee pain. Vazquez was subsequently transported by paramedics to an emergency room, where he was treated and released. He then treated his lumbar with multiple epidural injections. However, he ultimately underwent lumbar fusion surgery that consisted of a hemilaminotomy, facectomy, nerve root decompression at L4 and L5, and a microdisectomy at L5-S1. Following the lumbar surgery, Vazquez underwent two rhizotomies — a neurosurgical procedure that selectively destroys problematic nerve roots in the spinal cord — the second of which occurred on the first day of trial. Vazquez claimed that after the surgery, he had a loss of range of motion to his lower back. However, he claimed that despite treatment, he remains in constant pain and will require future epidural injections, pain management, and another surgery on his lumbar spine. Thus, Vazquez sought recovery of total damages in excess of $800,000, including $290,000 in past medical costs. Defense counsel contended that Vazquez only suffered a coccyx contusion as a result of the incident and that Vazquez’s ongoing symptoms in his lumbar spine were due to pre-existing, degenerative changes. Counsel also contended that the lumbar surgery, epidural injections, and rhizotomies were not related to any injury caused by the subject incident. The defense’s medical experts opined that in order to treat the allegedly caused by the incident, Vazquez should have undergone a conservative regimen of physical therapy and pain management at an approximate cost of $8,000. Defense counsel precluded the plaintiffs’ retained experts from testifying at trial, including the plaintiff’s treating neurosurgeon, who had conducted Vazquez’s lumbar surgery.
COURT
Superior Court of Los Angeles County, Van Nuys, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case