Case details

Staging company claimed wood stairs were not defective

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
ankle, ankle ligament, back, herniated disc, lumbar, neck, tear
FACTS
On June 28, 2013, plaintiff Tierni Perkins, 30, a production assistant for BET Networks, was escorting students out of the basketball court and into the parking lot of the Staples Center, in Los Angeles, after attending the BET Experience celebrity basketball game. As she walked down the stairs to exit the center, the stairs allegedly collapsed. Perkins claimed to her ankles. Perkins sued Staples Center; the owners and operators of the center, L.A. Arena Co. and Anschutz Entertainment Group; and other companies believed to have involved with either the center or the celebrity event. Perkins alleged that the defendants failed to properly repair and/or maintain the stairs, creating a dangerous condition. L.A. Arena impleaded the staging company that provided the stairs, All Access Staging & Production. Perkins ultimately brought in All Access as a directed defendant. L.A. Arena, Staples Center, Joe Lewis and Joe Lewis Co. confidentially settled with Perkins mid-trial, and several other defendants settled out pretrial. The matter ultimately continued against All Access only. Plaintiff’s counsel contended that the stairs were made out of particle board and were not strong enough. Counsel argued that the stairs were defective and that All Access was negligent for failing to monitor, repair and/or maintain the stairs, creating a dangerous condition. All Access’ counsel contended that the company provided wood risers for the event and that although Perkins claimed that the stairs she was on were four to five steps and were blue, the risers that All Access provided were only two steps and were black. A producer for the celebrity event testified that she was present for the set up and set down of the show and that she did a walk-through with a fire marshal. She also testified that there were no reported incidents at the event, and All Access’ personnel testified that no stairs were found damaged. The defense’s accident reconstruction, biomechanical and human factors expert brought in a sample of wood that was used for the subject wood risers, and testified that he tested 500 pounds on the engineered birch, which was what was used to make the risers, and opined that the engineered birch was extremely strong. Defense counsel noted that the event was busy and that there initially were no witnesses, but that plaintiff’s counsel presented two witnesses on the eve of trial who were allegedly friends of Perkins. Defense counsel contended that the alleged witnesses claimed that they were present when Perkins allegedly fell, but they both claimed that they walked away and did not help Perkins after the alleged incident., Perkins claimed she tore ligaments in both ankles when she inverted both of them during her fall. She did not present to a hospital after the incident and eventually had her ankles examined by a medical professional a year later. (Perkins blamed her delay in seeking medical treatment on human resources at her company.) Perkins ultimately underwent surgery on her right ankle in March 2015 and surgery on her left ankle in April 2015. Perkins claimed she sustained a lumbar herniation in 2017. She claimed the injury was related to her ankle . A neurosurgeon recommended that Perkins undergo a future lumbar decompression with microdiscectomy. Perkins sought recovery of damages for her past and future pain and suffering. Plaintiff’s counsel asked the jury to award $2.3 million in total damages. Defense counsel disputed Perkins’ , argued that inverting both ankles in a fall as described by Perkins would be extremely rare and that despite her alleged , Perkins was able to work the rest of the weekend after she claimed she fell. Counsel also noted that Perkins did not have an initial exam for her alleged ankle until one year after the subject incident and that Perkins never had any treatment for her alleged back pain prior to seeing the neurosurgeon in 2017. In addition, defense counsel noted that despite Perkins’ alleged , Perkins continued to play in as many as 20 basketball games after the subject incident. Defense counsel argued that because Perkins did not seek treatment for a year, her could have been attributed to Perkins being a college basketball player, which caused prior damage to her ankles. Counsel also argued that Perkins’ ankle surgeries could have been attributed to some other pre-existing injury. The defense’s expert spinal surgeon opined that Perkins did not need any back surgery. The expert testified that he examined Perkins and found that Perkins had a normal gait, and normal motion in all her joints and lower extremities, as well as in her neck and back. The expert opined that if Perkins had a back injury, it would have also been due to pre-existing issues.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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