Case details

Resident claimed trip over parking block caused injuries

SUMMARY

$3500000

Amount

Verdict-Mixed

Result type

Not present

Ruling
KEYWORDS
arm, back, fracture, knee, patella, patellar, wrist
FACTS
On June 3, 2016, plaintiff Allure Nicholls, 80, was using a side handicap ramp to walk back from a clubhouse to her residence at Eskaton Wilson Manor, in Sacramento, a senior apartment complex exclusively for the elderly and disabled. As she exited the ramp, Nicholls tripped on a parking block and fell, a wrist and a knee. She also claimed that the fall caused her to suffer a subsequent back injury. Nicholls sued the company that placed the concrete parking block, Josh Heckman Construction Inc., and the companies that managed and controlled the complex, Eskaton Inc., Eskaton Properties Inc. and Eskaton Foundation Inc. Nicholls alleged that Josh Heckman Construction was negligent in the construction of the area near the ramp and that the Eskaton entities were negligent in their repair and/or maintenance of the area. She also alleged that the defendants’ negligence created a dangerous condition. Plaintiff’s counsel argued that Josh Heckman Construction negligently constructed the parking lot by placing the concrete parking block at the base of the ramp, partially blocking off the pathway used by residents to access the only garbage dump on site, and to access the parking lot and clubhouse. Counsel also argued that the Eskaton entities failed to remove the parking block after three residents complained about tripping on it. Defense counsel for Josh Heckman Construction contended that the condition of the parking lot, though different from the plans and specifications, was consistent with industry standards and not unsafe. The defense’s construction expert also testified as to why the as-built condition of the parking lot did not cause or contribute to the subject trip and fall. Defense counsel for the Eskaton entities contended that the premises was safe and that there were no previous complaints from residents about the parking block. Counsel also argued that Nicholls fell because she was inattentive and distracted., Nicholls claimed that she suffered to a wrist, a knee and her back as a result of her trip and fall and that those affected her everyday life. After her fall, she was taken by ambulance to Kaiser South Sacramento Medical Center, in Sacramento. Nicholls was diagnosed with a displaced, comminuted fracture of a wrist’s distal radius; a comminuted fracture of a knee’s patella; and a tear of a patella tendon. She also claimed that as a result of her fall in June 2016, she fell again in January 2018, resulting in a thoracic burst fracture of the T12 vertebra. Nicholls claimed that she suffers from permanent disabilities and residual pain. She also claimed her affected her activities of daily living and caused her to suffer a loss of independence, resulting in anxiety and depression. Nicholls waived her claim for recovery of past and future medical costs. As a result, she only sought recovery of damages for her past and future pain and suffering.
COURT
Superior Court of Yolo County, Yolo, CA

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