Case details

Slip and fall in store aggravated prior injuries, plaintiff claimed

SUMMARY

$661712.09

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
cervical, fusion, herniated disc, neck
FACTS
On May 22, 2016, plaintiff Emma Madadian, a woman in her 60s, was with her husband shopping at a Vons supermarket, in Glendale, when she slipped on a puddle near one of the aisles. She claimed to her neck and left shoulder. Madadian sued the store’s operator, the Vons Cos. Inc., alleging that the defendant failed to timely maintain the aisle, creating a dangerous condition, and that that the defendant failed to warn of the condition. Plaintiff’s counsel contended that on the subject date, one of the refrigerators at the store broke, so frozen food was taken out of it and left in the aisle. Counsel contended that as a result, the froze food thawed, creating a puddle from the condensation, and that Vons failed to timely clean up or warn of the dangerous condition, causing Madadian to slip and fall on the puddle. Vons admitted liability for the accident., Madadian went to a hospital the following day with complaints of pain in her neck and back. She claimed a rotator cuff injury to her left shoulder, which she sustained five years prior to the subject accident, was aggravated, resulting in a partial rotator cuff tear. She also claimed pre-existing degeneration at C4-5 had been aggravated by the accident, causing a symptomatic cervical disc herniation with radiculopathy. Madadian ultimately underwent a single-level cervical fusion at C4-5 and had a rotator cuff repair to the left shoulder. Madadian sought recovery of $374,712.09 in past medical costs. She also sought recovery of future medical costs for the ongoing care to her neck and shoulder, as well as damages for her past and future pain and suffering. According to defense counsel, Madadian claimed, before trial, that her past medical lien totaled $445,328, but that at trial, plaintiff’s counsel argued that the reasonable value of Madadian’s past medical services totaled $374,712 with $100,000 to $150,000 in future medical care required for an additional neck surgery. In addition, plaintiff’s counsel argued that Madadian should be awarded in the range of $5 million for her pain-and-suffering damages. Defense counsel argued that Madadian suffered, at most, a small cervical strain and that only 25 percent of the rotator cuff tear was attributable to the subject accident. Counsel also argued that Madadian’s neck condition healed one or two months after the subject accident and that Madadian’s shoulder was only slightly aggravated. In addition, defense counsel denied that Madadian suffered any radiculopathy or that Madadian needed the surgery to her neck. The defense’s orthopedic surgery and radiology experts both opined that Madadian only sustained a neck strain. They also both opined that Madadian did not need the surgeries to her neck and shoulder. Defense counsel presented a sub rosa video of Madadian leaving for court and carrying one of her grandchildren, noting that the video contradicted Madadian’s claim that it was hard for her to care for her grandchildren and that she could not pick them up.
COURT
Superior Court of Los Angeles County, Long Beach, CA

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