Case details

Shopper claimed fall in grocery store caused spinal herniations

SUMMARY

$1645000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
back, cervical, fusion, herniated disc, lumbar, neck, neurological, radicular pain, radiculitis
FACTS
On Oct. 30, 2013, plaintiff Shahzad Tirmizi went to buy flowers at the Ralphs’ grocery store, in Torrance. As he left the flower department and was headed to the check stand, he slipped and fell. Tirmizi landed on his back, and he claimed to his neck and back. Tirmizi sued The Kroger Co., Kroger West, Ralphs Grocery Co. doing business as Ralphs’, and Rigoberto Birruerta. Tirmizi alleged that the defendants failed to properly maintain the area, creating the dangerous condition. Plaintiff’s counsel contended that Tirmizi slipped on water and that although, on paper, Ralphs’ said its employees did a “sweep” of the floral department, it never happened. The defendants stipulated to liability., Tirmizi claimed he sustained herniated cervical and lumbar discs, resulting in radicular pain into his legs. He was transported by ambulance to Torrance Memorial Medical Center, in Torrance, where he was treated and released. He then treated with physical therapy and epidural injections. In December 2014, Tirmizi underwent a lumbar discectomy, and in June 2017, he underwent a lumbar fusion and decompression at the L4-5 and left L5-S1 levels. He also underwent pain management. The plaintiff’s neurosurgery expert opined that the reasonable value of Tirmizi’s future medical care, including the lower back fusion for the adjacent segment disease, totaled $343,300. The plaintiff’s billing expert testified that the reasonable value of Tirmizi’s past medical costs totaled $357,326.34. Tirmizi claimed that he can no longer run or jog. He also claimed that prior to the fall, he was a devout Muslim who would pray five times a day, during which he would kneel down on the ground and listen to the Namaz prayer, but that the incident affected his ability to do so. Defense counsel argued that all of Tirmizi’s were degenerative and that Tirmizi’s alleged back pain was due to him being overweight. Counsel also noted that Tirmizi made no complaints of radicular symptoms early in his medical treatment and that all of the treatment was based on attorney liens and referrals. The defense’s orthopedic surgery expert opined that Tirmizi’s degenerative condition was caused by his “genetics” and that sometimes people Tirmizi’s age have those problems. The defense’s billing expert testified that the reasonable value of Tirmizi’s medical costs totaled $156,409.39. She also opined that the “reasonable value” of Tirmizi’s initial treatment at Torrance Memorial Medical Center was zero because there was no treatment for his lower back. However, on cross-examination, plaintiff’s counsel impeached the defense’s billing expert with prior testimony and presented a record from the emergency room, which noted that Tirmizi’s primary complaint was “low back pain.” Prior to trial, the parties established a $1.25 million/$125,000 high/low agreement in exchange for the defendants stipulating to liability.
COURT
Superior Court of Los Angeles County, Santa Monica, CA

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