Case details
Store denied notice of hazard blamed for patron’s fall
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
injury, rotator cuff, shoulder, tear
FACTS
On March 28, 2015, plaintiff Guo Jun Chen, 78, a retiree, fell while she was shopping at a Costco store in Alhambra. She claimed that she suffered a shoulder injury. Chen sued the store’s operator, Costco Wholesale Corp. Chen alleged that Costco negligently failed to maintain its premises, creating a dangerous condition. Chen claimed that her fall was a result of her having tripped on a cardboard slip sheet used to separate merchandise at the front registers. Defense counsel argued that Costco had no actual or constructive notice of the alleged dangerous condition, as the last inspection of the area was done in a reasonable time. Counsel also argued that at the time of the last inspection, it was determined that there was no dangerous condition., Chen claimed she sustained a tear of her right shoulder’s rotator cuff. An ambulance was called, and Chen was immediately taken to a hospital, where she was treated and released. She underwent physical therapy from May 2015 to October 2015, and she had a pain management consultation after that. Chen never had surgery, as she was not a surgical candidate due to her age. Chen claimed that she has trouble with her daily chores, dressing herself and other activities of daily living. Chen sought recovery of damages for past and future pain and suffering. Defense counsel contended that Chen’s MRI films showed a retracted rotator cuff tear, where the tear is farther away from the bone. Counsel argued that the type of tear shown on the MRI pointed to it being degenerative in nature, rather than an acute injury caused by the subject accident. The defense’s orthopedic surgery expert was shown the MRI films, and he opined that the rotator cuff tear was degenerative.
COURT
Superior Court of Los Angeles County, Santa Monica, CA
Similar Cases
Negligent tire repair caused serious rollover crash: family
AMOUNT:
$375,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Steep, winding road caused multiple truck crashes: plaintiffs
AMOUNT:
$32,500,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Dangerous highway caused fatal multiple vehicle crash: suit
AMOUNT:
$18,681,052
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Roofer claimed he needs future care after fall from roof
AMOUNT:
$6,000,000
CASE RESULT:
Plaintiff won
INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
- Show More
- Show Less
CATEGORY:
Personal Injury
Applicant claimed future care needed after fall from roof
AMOUNT:
$3,500,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Plaintiff: Improperly trained delivery personnel caused injuries
AMOUNT:
$4,875,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury