Case details

Sale’s attendee injured while trying to reach locked dressing room

SUMMARY

$3500000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
calcaneus, foot, foot foot, fracture, heel
FACTS
On June 29, 2016, plaintiff Izumi Maki, 57, a businesswoman, attended an apparel sale that was being conducted at a studio in the Koreatown area of Los Angeles. Maki was provided an office to use as a dressing room. She became locked out of the office and needed to retrieve her belongings. One or two workers indicated that they did not have a key to the office. Maki suggested that a locksmith could be summoned, but the idea was not pursued. The office’s walls did not extend to the building’s ceiling, so Maki raised the possibility of climbing over one of the walls. A ladder was provided, and Maki was able to reach the space above a wall. She fell after having cleared the wall, and she landed in the office. She suffered an injury of a heel. Maki sued the sale’s host, Sue Wong; Wong’s business entities, Sue Wong Lifestyle Inc. and Sue Wong Universe LP; and the premises’ owner, Studio S Inc., which Wong operated. The lawsuit alleged that the defendants negligently created a dangerous condition that caused the accident. Wong, Sue Wong Lifestyle and Sue Wong Universe were dismissed. The matter proceeded to a trial against Studio S. Maki’s counsel contended that Studio S and its employees created a dangerous condition by allowing the office to be used as a dressing room, despite knowing that the door locked and not having a key. Maki’s counsel further contended that the studio’s employees should have summoned a locksmith, rather than providing a ladder for Maki. Defense counsel claimed that Maki spoke to merely one or two employees about the locked room and that at no time did Maki, who knew Wong and had seen Wong on the premises, ever ask Wong — who was working less than 75 feet from the locked office — to summon a locksmith or provide other assistance. Defense counsel also claimed that Maki, a self-described exercise fanatic, asked for the ladder and wanted to climb over the wall to demonstrate her fitness. Defense counsel argued that Maki assumed the risk of injury in doing so., Maki suffered a fracture of her left foot’s calcaneus, which is the heel. She was taken to a hospital the next day, and she was treated and released. She did not undergo surgery, but surgery was recommended. Maki was in a cast and, at times, on crutches or using a wheelchair during her recovery. Maki claimed that she uses a cane at home and can walk for up to two hours while on pain medication, but that she cannot continue when it wears off. She also claimed that she now has compensation in her other leg. Maki further claimed that she was extremely active before the injury, in that she exercised daily, hiked and danced, but that she can no longer do those things with the same intensity or at all. She claimed that she will never be able to jog or run again. Maki also claimed that she liked to dress up for events and wear high heels, but that she can no longer wear them anymore, as her injured foot is a half size larger than her other foot and she now has to wear orthotics in her shoes. Maki’s treating doctor opined that Maki’s condition is getting worse and that Maki is suffering increasing pain. The doctor also opined that Maki would have pain and limited mobility for the rest of her life. Maki sought recovery of damages for past and future pain and suffering. Defense counsel noted that Maki did not require an ambulance or emergency personnel, did not call 9-1-1, and did not advise Wong of what had occurred. Defense counsel also noted that Maki offered no evidence of any medical bill, charge or lien (either past or present) at trial. Defense counsel further noted that Maki offered no evidence of any loss of past and/or future earnings or earning capacity and that Maki offered not evidence of any ancillary expenses in the future. In addition, defense counsel presented evidence that Maki was able to hike the "tough trial" at Runyon Canyon with her dogs 1.5 years after the accident.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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