Case details

Slip and fall caused complex regional pain syndrome: plaintiff

SUMMARY

$1250000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
knee, medial meniscus, neurological, reflex sympathetic, tear
FACTS
On April 27, 2011, plaintiff Ana Isabel Carranza, 41, a housewife, slipped and fell inside a Ralphs supermarket in Compton. Carranza claimed she injured her left knee. Carranza sued Kroeger Co., which was doing business as Ralphs Grocery Co., and the believed manufacturer of self-contained juice cooler, Source Refrigeration & HVAC Inc. Carranza alleged that defendants failed to properly repair and/or maintain the cooler, creating a dangerous condition. Source Refrigeration was ultimately dismissed from the case. Carranza claimed she slipped on water that had leaked into the aisle from a self-contained juice cooler. She alleged that it was a slow leak that store employees should have noticed prior to the most recent sweep. Carranza also alleged that store employees were not adequately trained on how to deal with a leak versus a spill and that there was no reasonable policy in place to prevent overflow from drain pans in self-contained coolers located on store premises. Carranza’s counsel sought sanctions from the trial court, asserting that Kroeger Co. destroyed still photos of the spill that would have proved that that the store was liable. Defense counsel contended that the loss of the photos was not intentional and that the store had an adequate maintenance policy of the cooler through an outside company. Counsel also contended that the store’s sweep sheets and hourly inspections were in compliance because the leak would only be hazardous when it escaped the containment provided by the freezer and that because it was similar to a spill, the same training and inspection procedures applied. Defense counsel asserted that Carranza was comparatively negligent because video from the store showed that Carranza had her head buried in a newspaper when she was walking in the area of the accident. Counsel also asserted that Carranza was not paying attention to where she was walking and that Carranza nearly walked into a display of canned goods. In addition, defense counsel asserted that Kroeger Co. did not have notice of any substance on the floor., Carranza was taken by ambulance to a local emergency room with complaints of pain in her left knee. She subsequently underwent X-rays and was discharged with instructions to follow-up with an orthopedist. After undergoing an MRI, she as was diagnosed with a medial meniscus tear with internal derangement of the left knee. In September 2011, Carranza underwent arthroscopic surgery to address her knee injury. She also received one sympathetic injection. Carranza claimed she was later diagnosed with complex regional pain syndrome, also known as reflex sympathetic dystrophy or causalgia, a chronic pain condition. As a result, she underwent a surgical implantation of a spinal cord neurostimulator. However, Carranza claimed she has limitations on activities of daily living. The plaintiff’s treating orthopedist opined that Carranza’s knee injury was caused by the accident and that Carranza will eventually need knee replacement surgery. The plaintiff’s treating pain management physician opined that the knee injury was the cause of Carranza’s CRPS and that Carranza will need to wear a neurostimulator for the rest of her life because of her chronic pain. He also opined that Carranza will need to undergo surgery every five years over the course of her lifetime to replace the neurostimulator. Thus, Carranza sought recovery of damages for her past and future medical expenses, and past and future pain and suffering. She claimed that her medical bills at the time of mediation amounted to $233,869 with over $1 million in anticipated future medical expenses. The defense’s expert neurologist opined that Carranza did not have the classical symptoms of CRPS. However, the expert agreed that Carranza did have a chronic pain that responded to the neurostimulator, which reduced, but did not eliminate, the pain. The defense’s orthopedic expert opined that Carranza will not need knee surgery.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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