Case details

Shopper claimed knee injury from slip on thrown grapes

SUMMARY

$200000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
anterior cruciate ligament, knee, right knee, tear
FACTS
On May 17, 2012, plaintiff Debra Salas, 30, an insurance representative, was at a Superior Grocers, in Santa Ana, when she slipped and fell. Salas claimed she injured her right knee in the fall. Salas sued the operator of Superior Grocers, Super Center Concepts Inc., alleging that the store failed to timely clean up or maintain the dangerous condition. Plaintiff’s counsel contended that Salas slipped and fell on grapes that were thrown by children just minutes before the fall. Counsel noted that the children’s actions could be seen on the surveillance video. Plaintiff’s counsel asserted that Super Center should have noticed the children throwing grapes across multiple aisles of the store, but that it failed to correct the dangerous condition. Defense counsel contended that while the video showed the children stomping on grapes in the exact location where Salas fell, their actions occurred only two minutes before the accident. Accordingly, defense counsel asserted that Super Center did not have actual notice due to the brief amount of time between when the grapes were stomped and Salas’ fall. Counsel also asserted that the store did not have constructive notice and, thus, had no way to warn shoppers. Defense counsel moved for summary judgment on the issue of liability, seeking to have Super Center let out of the case, but plaintiff’s counsel prevailed on the motion., Salas claimed she injured her right knee in the fall. She subsequently reported to an Urgent Care facility the day after the fall. Based on her complaints of pain, an X-ray of her hip was performed in the emergency room, but it was negative. Salas then began treating with a chiropractor, who referred her for an MRI of her right knee. The MRI was interpreted as showing a tear of the right knee’s meniscus, which was confirmed by an orthopedist. Salas then went to another orthopedist, who also believed that Salas had sustained a torn meniscus. However, when the second orthopedist performed surgery on the right knee, a meniscus injury was not found, but, instead, found that the anterior cruciate ligament was torn. Two weeks later, on Nov. 11, 2012, Salas underwent an ACL repair. Salas claimed that she is left with residual lower back pain. Defense counsel asserted that the subject accident did not cause the ACL tear, as there was no objective medical evidence of a torn ACL prior to the first surgery. Counsel also asserted that Salas suffered only soft tissue from the fall and that any ongoing lumbar pain was caused by degenerative changes.
COURT
Superior Court of Orange County, Orange, CA

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