Case details

Retail store claimed no notice of liquid on floor prior to fall

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
back, knee, meniscus, neck, nerve, neurological, spondylolisthesis, spondylolisthesis ankle, tear
FACTS
On Oct. 19, 2010, plaintiff Charlotte Rodriguez, 47, a retail clerk, was shopping on the second floor of a Target retail store at the Westminster Mall. While she was in the main aisle, near the toy section, she slipped and fell on a clear liquid. Rodriguez claimed to her left ankle, left knee, and lower back. Rodriguez sued Target Stores, a division of Target Corp. Rodriguez alleged the defendant failed to properly maintain the aisle, creating a dangerous condition. Rodriguez initially also named an unidentified cleaning and maintenance company as a defendant, but the company was ultimately dismissed and the complaint was amended. Thus, the matter proceeded against Target only. Rodriguez claimed that Target had notice of the clear liquid on the aisle floor, but failed to timely and/or properly clean up the slippery condition. Target claimed that the subject store location was reasonably maintained and that there was no notice of the condition based on employee testimony. One employee that walked by the subject area three minutes before the fall claimed that he did not see any liquid. Another employee doing safety/service work 10 to 15 minutes prior to the incident also denied seeing any liquid on the floor. In addition, defense counsel presented photographs of the liquid substance and contended that the liquid was depicted as untouched drops of water, which supported the theory that the liquid had not been there for too long. In response, plaintiff’s counsel argued that there was no documentation to support a notice defense and that he did not have to prove notice, since it known the floor is slippery when wet., Rodriguez went to a Kaiser Permanente hospital three days after the incident with complaints of left ankle pain. She then followed up with an outside physician to treat her left ankle, as well as complaints of lower back and left knee pain. Rodriguez was ultimately diagnosed with peroneal nerve damage in her left ankle, resulting in a foot drop. She was also diagnosed with a torn meniscus in her left knee and spondylolisthesis of her lower back. Rodriguez underwent arthroscopic surgery on her left knee on Dec. 10, 2011, and nerve decompression surgery on her left ankle on Oct. 20, 2012. She also treated chiropractic care and orthopedic consultations. Rodriguez claimed that while her left ankle and knee residuals are minor, she still experiences excruciating lower back pain, for which she will require surgery. She also claimed that she had to miss one year of work following her knee surgery and that she currently cannot play with her grandchildren, as her condition affects her work and other daily activities. Thus, Rodriguez sought $52,000 in past medical costs, $80,000 in future medical costs, $32,000 in past lost earnings, $6,000 in future lost earnings, $87,000 in damages for past pain and suffering, and $87,000 in damages for future pain and suffering. Defense counsel argued that Rodriguez only complained of left ankle pain at Kaiser Permanente, and that the injury was only a sprain that resolved and did not involve nerve damage. Counsel also argued that Rodriguez’s alleged knee and lower back were pre-existing and unrelated the subject incident.
COURT
Superior Court of Orange County, Santa Ana, CA

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