Case details

Store claimed shopper’s sandals caused fall

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
knee
FACTS
On the evening of Feb. 24, 2010, plaintiff Adolph Washington, 51, a landscaper, walked out of the rainy weather and through the front entrance to a Ralph’s Grocery in Van Nuys when he slipped and fell while transitioning from the asphalt parking lot to the painted concrete patio area, which had an overhang. The slip and fall was recorded on the store’s surveillance video. Washington claimed injury to his left knee from the fall. Washington sued Ralph’s Grocery Co. He alleged that the defendant failed to inspect and properly maintain its premises, creating a dangerous condition. He also alleged that the defendant failed to warn of this hazardous condition. Washington claimed that the patio area became wet from the rain and that the transition from the asphalt parking lot was very slippery. He also claimed that the area had no runner, mat or caution signs/cones, and that Ralph’s did not have a policy to regularly inspect the area. Washington claimed that had the store properly addressed the area by drying the area, or placing mats or warning signs, he could have avoided the accident. Ralph’s Grocery claimed that it had a mat in the area of the entrance at the time of the accident, and that no cones or safety signs were needed since the condition was open and obvious. It also claimed that several patrons walked past the entrance with no issue and that all employees were trained to make sure no dangerous conditions existed. Ralph’s Grocery further claimed that its care was reasonable under the circumstances and, furthermore, that Washington’s sandal footwear contributed to the accident., Washington was taken by his wife to a Kaiser Permanente emergency room, where he complained of an injury to his left knee. He subsequently underwent a scope of his left knee on Sept. 14, 2011, which was performed by a private orthopedic surgeon on a lien. Washington claimed that when the condition did not improve, he underwent a total knee replacement on June 25, 2012, which was performed by the same surgeon. However, this surgery was not to be considered by the jury. Washington also underwent physical therapy during the course of his treatment and recovery. Washington claimed that he still experiences residual knee pain and discomfort, which restricts his ability to play sports. He also claimed he missed 13 month of work. Thus, he sought recovery of $116,000 in past lost earnings, $80,000 in past medical costs and $300,000 in damages for his pain and suffering. Defense counsel disputed causation, claiming that the slip and fall was caused in great part by Washington’s sandals, which the plaintiff got rid of following the accident. Defense counsel also argued that Washington’s subsequent test results were negative and that while the scope was probably necessary, the knee only suffered from wear and tear, with no significant spacing, which was normal for a man Washington’s age.
COURT
Superior Court of Los Angeles County, Van Nuys, CA

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