Case details

Plaintiff’s trip and fall caused by vision problems, defense alleged

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
chin, face, lacerations, legs, mouth, right wrist
FACTS
On Sept. 20, 2013, plaintiff Blanche “Bunny” Smith, a retired woman in her 80s, presented to 1391 Woodside Road, in Redwood City, for an ophthalmologist appointment. As she was descending the stairs into the underground parking garage, she tripped over one of the parking stops. Smith sustained to her face and mouth, her right wrist, and her legs. Smith sued the owners of the building, Nazareth Enterprises Inc. and Nazareth Square LLC. Smith alleged that the defendants failed to properly maintain the parking garage, creating a dangerous condition. Smith contended that the parking stops should have been painted some color to contrast with the floor and that there was not enough light in the parking garage. Thus, she claimed that the parking lot was left in a dangerous condition that caused her fall. Defense counsel maintained that Nazareth Enterprises and Nazareth Square owned the subject building for over 20 years and that there were no complaints about the parking garage during that time. Counsel also contended that someone was at the garage once a week to look for maintenance issues, that the property was in a good, safe condition, and that there was no notice of any allegedly dangerous condition. Thus, defense counsel argued that there was no negligence on the part of the property owners. In addition, defense counsel argued that Smith had problems with her vision and depth perception and that at the time of the incident, Smith was also wearing her sunglasses. Two tenants from the building, who are medical professionals, testified that the building was well maintained. One of the tenants rated the landlord as a “10” on a 0 to 10 scale, in terms of keeping the building in good repair and upkeep., Smith sustained a fracture of her right, dominant wrist. She also broke some veneers and suffered lacerations to her chin and legs. Smith was subsequently taken to a hospital, where she had pins and screws placed in her wrist. She also received sutures to the lacerations on both her chin and legs. In addition, she required dental work and had to have two dental implants placed. Smith’s sutures were later removed. She claimed that her impacted her yoga and ability to volunteer at church. She also claimed that her wrist fracture prevented her from being able to even cut her own food. Smith contended that would require attendant care for the rest of her life due to her . Thus, she sought recovery of $1.2 million for the attendant care, as well as sought recovery for her medical expenses. She also sought recovery of her past and future pain and suffering. Defense counsel admitted that Smith had fallen and broken her wrist, but contended that Smith appeared to have recovered from her . Counsel also contended that Smith had two subsequent falls after the subject incident and that five weeks before the subject fall, Smith had difficulty walking and problems with depth perception.
COURT
Superior Court of San Mateo County, San Mateo, CA

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