Case details

Residential community failed to provide safe environment: resident

SUMMARY

$884064

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
fracture, hemiarthroplasty, hip, hip replacement, ight hip
FACTS
On June 2, 2014, plaintiff Catherine Denler, 90, fell inside a common room located on the premises of Chateau La Jolla Inn, the residential community where she lived. Denler claimed she tripped over another resident’s retractable dog leash that was on the floor, causing her to fall and land on her right side. She subsequently fractured her right hip. Denler sued the premises’ owner, Chateau La Jolla, which was doing business as the Chateau La Jolla Inn. Denler alleged that Chateau La Jolla created a dangerous condition by allowing dogs in the common area. Denler claimed that another resident’s dog was asleep moments before she entered the room and that when she walked across the room to retrieve a newspaper, the dog became startled, causing the retractable leash to rise and stretch across the room. Denler claimed that as a result, she tripped over the leash and fell. Plaintiff’s counsel contended that the dog was not a service or emotional support animal and that based on the premises’ overwhelming elderly population/demographics, Chateau La Jolla violated its advertised mission to provide a safe environment for its residents, who were all 55 years old and older. Thus, counsel argued that by allowing the dog into the residential community, Chateau La Jolla breached its fiduciary duty to exercise reasonable care and act in the best interests of its residents. Defense counsel denied Chateau La Jolla had any knowledge of the alleged dangerous condition and denied the residential community had a fiduciary duty, or any duty, to its residents to protect them against another resident’s dog. Counsel also contended that the subject dog was designated as an emotional support service animal, that the dog’s owner obtained approval to bring the dog into the common room, and that Chateau La Jolla could not restrict its owner from bringing his dog to the common room. In addition, defense counsel argued that Denler did not trip over the dog’s leash, but simply lost her balance and fell., Denler sustained a fracture of the right hip. She was subsequently placed in an ambulance and taken to the emergency room at Scripps Memorial Hospital La Jolla, in La Jolla, where she reported severe pain that stemmed from her right hip. As a result, emergency room doctors ordered X-rays, and Denler was admitted to the hospital for an emergent hemiarthroplasty, or partial hip replacement, that addressed her right-sided hip fracture on June 3, 2014. She was ultimately discharged from the hospital four days and admitted to a skilled, inpatient nursing facility, where she was treated for one month. During the course of her inpatient care, Denler underwent daily, conservative treatments and assistance with routine tasks. When Denler returned to her home in July 2014, she required assistance in the performance of her daily, household tasks from home health aides. She also underwent physical therapy treatment and home exercises, which were rendered by the home health aides. However, approximately one year after the incident and hip replacement surgery, it was determined that Denler’s hip joint had not set/aligned properly with the prosthetic hardware. Thus, a second surgery was recommended. In June 2015, Denler underwent a total hip replacement. After the revision surgery, she was admitted to the same skilled nursing facility where she treated after the first surgery. She was admitted to the inpatient center for a period of one month and when she was released to her home, she again required assistance with daily chores from home health aides. Further, for about eight months after the second surgery, Denler underwent a course of physical therapy, which was rendered at her home by the home health home aides. Denler ultimately ceased physical therapy in February 2016, after she allegedly reached the maximum medical recovery. Denler claimed that she was a self-sufficient, active individual before the incident and that the accident inhibited her ability to resume the independent lifestyle that she previously enjoyed. She also claimed that her prohibit her from driving; taking daily, one-mile-long walks; and cleaning her house. Denler contended that as a result, she needed to hire someone to drive her places and clean her house. In addition, she claimed that her condition limits her ability to participate in bridge and attend social events. Thus, Denler sought recovery of $1.3 million in total damages, including $148,672.18 for past medical expenses, $35,000 for past and future expenses for health and attendant services, and an unspecified amount of damages for her past and future pain and suffering. Defense counsel argued that Denler’s hip fracture was unrelated to the presence of a dog and its leash, but was due to fall from her own instability. Counsel contended that despite the hip fracture, Denler would have required home assistance from nurses’ aides due to her age and that Denler’s ability to lead an independent lifestyle would have been compromised anyway as a result of the natural aging process. Defense counsel further argued that Denler was exaggerating the extent of attendant care expenses related to the incident. Thus, defense counsel argued that Chateau La Jolla was not liable for Denler’s condition. However, counsel argued that if the residential community was found negligent, than the jury should only award Denler $100,000 in general damages and find Chateau La Jolla 10 percent liable, with comparative negligence of 45 percent being found against Denler and 45 percent being found against the dog’s owner.
COURT
Superior Court of San Diego County, San Diego, CA

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