Case details

Plaintiff’s prior knee problems caused fall, defense argued

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
fracture, knee, left knee, patella
FACTS
In September 2011, plaintiff Linda Thompson, 61, a software consultant, was walking toward the hummingbird aviary at the San Diego Zoo when she slipped and fell, her left knee. Thompson sued the operator of the zoo, the Zoological Society of San Diego. Thompson claimed that she slipped while walking on a wet aggregate path. She alleged that the Zoological Society was negligent in its maintenance and use of the walkway and that the presence of water along a pathway constituted a dangerous condition. Defense counsel argued that the area where Thompson fell was not a dangerous condition. While defense counsel did not dispute the fall, and the resulting fracture, he did contend that the fall was caused by Thompson’s problematic, pre-existing knee conditions., Thompson fractured her left patella, or kneecap, in the fall. She was subsequently treated at the scene before being taken by ambulance to a hospital. Thompson ultimately underwent two total knee replacement surgeries within 13 months. Thompson claimed that despite the surgeries, she has been unable to return to her pre-fall level of activity. She alleged that as result, she also suffers a loss of wages. Thus, Thompson sought recovery of compensatory damages in excess of $1.8 million, including economic damages in excess of $670,000. She also sought recovery of damages for her past and future pain and suffering. Defense counsel did not dispute the fact that the fall caused an immediate need for surgery to repair Thompson’s displaced kneecap. However, defense counsel denied the fall was a legal cause of Thompson’s need for the five knee surgeries that followed. Counsel contended that Thompson possessed a long history of knee problems and been treating her severe pre-existing arthritic knees for several years.
COURT
Superior Court of San Diego County, San Diego, CA

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