Case details

Postal worker claimed sidewalk’s height differential caused fall

SUMMARY

$404414.92

Amount

Decision-Plaintiff

Result type

Not present

Ruling
KEYWORDS
elbow, knee, knee contusion elbow, left arm
FACTS
On Sept. 11, 2012, plaintiff Sarah Valdez, 41, a postal worker, was delivering a parcel to a residence in Tracy. As she entered though a gate and was on her way to the front door, she tripped on the sidewalk, fell forward and landed on her left arm, elbow and knee. Valdez sued the alleged owner of the subject property, Arturo Alvarez. Valdez contended that she tripped over an uneven piece of sidewalk that had a height differential of 1.5 to 2 inches. Thus, she alleged that Alvarez was negligent in the repair or maintenance of the sidewalk, creating a dangerous condition. Although Alvarez made several appearances at various status conferences, he never filed an answer to the complaint. Thus, the court entered a default judgment against Alvarez, and the matter proceeded to a prove-up hearing before Judge Barbara Kronlund., Valdez claimed she sustained to her left, non-dominant elbow and left knee in the fall. She subsequently presented to workers’ compensation physicians and underwent an EEG, X-rays and MRIs. Valdez reported pain to the medial and/or lateral epicondyle of her left elbow, as well as reported a left knee contusion. She then treated with several rounds of physical therapy, cortisone injections, ulnar nerve stretches, and massage therapy. She also underwent a nerve conduction test. Three days after the incident, Valdez went back to work, but later had to take off work due to a work restriction from Sept. 14, 2012, to Feb 13, 2013. She claimed she was not allowed to perform her postal duties with the work restriction, as she was unable to lift heavy objects with her left arm. Valdez claimed that she was told that if the cortisone injections did not give her relief, then surgery would be her last option. However, she claimed she is trying to find another physician to explore other options for her continuing pain. Thus, Valdez sought recovery of $12,948.23 for her medical costs and $32,034.89 in past wage loss. She also sought recovery of future surgery costs, if that is her last option, and recovery of damages for her pain and suffering.
COURT
Superior Court of San Joaquin County, San Joaquin, CA

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