Case details

Slip on unsecured mat caused tendon injury, plaintiff claimed

SUMMARY

$961784

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
leg, quadriceps, torn
FACTS
On Feb. 8, 2014, plaintiff Roberto Hernandez, 58, a U.S. Postal Service letter carrier, was at Golden Dragon Buffet, a restaurant in Vallejo, when he slipped on an unsecured carpet mat. Hernandez claimed to his thigh. Hernandez sued the owner of the restaurant, Zhen Liang Chen. Hernandez also sued Golden Buffet Inc., Golden Dragon Buffet and Golden Dragon Buffet Corp., which were all doing business as, and fictitious aliases of, the same business, Golden Dragon Buffet. Hernandez alleged that the defendants failed to properly maintain the premises, creating a dangerous condition. The defendants stipulated to liability., Hernandez claimed that he suffered a tear of the right quadriceps tendon. He was immediately taken by ambulance to an emergency room and underwent a surgical repair on Feb. 17, 2014. He underwent physical therapy from August 2014 until February 2015. Hernandez claimed that the quadriceps tendon was still not back to 100 percent of its pre-injury condition and that he can no longer walk without pain, run or exercise. He also claimed that he may require future medical treatment, such as blood plasma treatments to the knee and ongoing physical therapy. Hernandez alleged that he returned to work as a mail carrier, which was a job he held for 32 years at the time of his fall, but that he is now forced to work in a state of chronic pain. As a result, he requested that the jury “retire” him. Hernandez sought recovery of $29,344 in past medical costs, $212,440 in future medical costs, $34,000 in past wage loss and $386.000 in future wage loss. He also sought recovery of damages for his past and future pain and suffering. Plaintiff’s counsel asked the jury to award Hernandez “full and fair compensation.” Defense counsel contended that it was unknown what made Hernandez’s quadriceps tendon become detached from the bone after the initial quadriceps tendon repair surgery. Counsel also argued that Hernandez’s pain was caused by a subsequent meniscus problem, which was caused by degeneration or normal wear and tear, and arthritis, generally.
COURT
Superior Court of Solano County, Solano, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case