Case details

Store claimed no evidence grape caused plaintiff’s fall

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
back, bulging disc, lumbar knee, neck, right knee
FACTS
On Aug. 4, 2010, plaintiff Ilona Abramyan, 40, a former bookkeeper, was at a Costco store in Van Nuys. She claimed she slipped and fell near the cash register area, causing her to injure neck, back and right knee. Abramyan sued Costco Wholesale Corp., alleging that the defendant failed to properly maintain the area near the cash register, creating a dangerous condition. Abramyan claimed she slipped on a grape that had been left on the floor near the cash register area, causing her to fall. Plaintiff’s counsel argued that Costco had an improper maintenance and inspection program, and that the store did not follow the inspection program it had in place. Specifically, counsel contended that the Costco store failed to properly supervise its employees to make sure hourly floor walk checks were being performed, whereby the employees would make sure the floors were clear throughout the course of the day. Defense counsel disputed Abramyan’s claim of the store being improperly maintained. Counsel argued that there was no grape at the scene of the alleged incident and that no grape was found after Abramyan’s fall either. Counsel further argued that there was no grape residue at the bottom of Abramyan’s shoes nor was there any residue on the floor., On the day after the accident, Abramyan presented for medical care with complaints of pain to her neck, back and right knee. Within 1.5 years of the incident, Abramyan underwent surgery to treat an L3-4 protrusion. Abramyan, who had prior problems with her right knee and was off of work due to a prior knee injury, claimed that she was recovering from her knee injury when the accident occurred. She claimed that her fall at Costco caused her right knee injury to be aggravated. Abramyan claimed that after the lumbar surgery, she still suffered pain to her back. She also claimed that her neck and right knee pain continued. Abramyan alleged that as a result of the continued pain after the fall, she is unable to take walks or return to work as a bookkeeper, which was her job prior to the original knee injury. Thus, Abramyan sought recovery of $128,000 for her medical treatment. She also sought recovery of damages for her pain and suffering. Defense counsel argued that Abramyan suffered no new , as her right knee injury and lower back and neck complaints were pre-existing. Counsel noted that Abramyan was not transported to a hospital after the incident and that Abramyan did not seek any medical care until the next day. Thus, counsel argued that any alleged exacerbation was short term and should have healed within six weeks of the incident.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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