Case details
Store didn’t inspect freezer drain, fallen customer claimed
SUMMARY
$4270000
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
anosmia, brain, brain damage, brain injury, cognition, face, fracture, mental, nose, psychological, sensory, speech, subdural hematoma, traumatic brain injury
FACTS
In April 2016, plaintiff William Mora, 55, a floor installer, fell while he was shopping at a grocery store that was located at 1044 W. Kern St., in Taft. The incident occurred near a freezer unit that was being repaired. Mora claimed that he suffered of his head and his nose. Mora sued the store’s owner, Albertsons, LLC. He also sued the company that was repairing the freezer, AM Wighton & Sons. The lawsuit alleged that Albertsons was negligent in its maintenance of the freezer, that its negligence created a dangerous condition that caused Mora’s fall, and that AM Wighton & Sons was negligent in its repair of the freezer. Albertsons cross-claimed against AM Wighton & Sons. Mora claimed that his fall was a result of him having slipped on water that had leaked from the freezer. Mora’s counsel contended that the leak was a result of the supermarket having failed to maintain the freezer’s floor drains. Mora’s counsel contended that Albertsons was entirely responsible for the accident. AM Wighton & Sons’ counsel contended that the leak was not related to the repair work but was instead a result of the supermarket’s failure to clean and inspect the freezer’s drain. Albertsons’ counsel argued that Mora slipped in a puddle that formed during AM Wighton & Sons’ repair of the freezer. Albertsons’ counsel also claimed that a third-party janitorial service had failed to timely remove the puddle., Mora was transported to a hospital, where he underwent treatment of a fracture of his nose. Mora claimed that he also suffered a subdural hematoma and mild residual damage of his brain. He claimed that his brain’s injury caused ageusia, which involves a loss of the sense of taste; anosmia, which involves a loss of the sense of smell; and impairment of a cognitive element: his memory. He claimed that the symptoms persisted for seven to eight months. Mora’s subdural hematoma was diagnosed shortly therafter, in January 2017. He underwent a craniotomy. Mora claimed that he has since developed further impairment of his cognitive functions, leading to confusion, frustration and depression. He claimed that his residual effects slow his performance of his job’s tasks and hinder his ability to perform important calculations. He claimed that he has had to switch roles with his assistant, his daughter. The parties stipulated that Mora’s past medical expenses totaled $47,495.08. Mora sought recovery of that amount, and he sought recovery of damages for past and future pain and suffering. His wife, Christine Mora, presented a derivative claim, but she died after the lawsuit had been filed. Her claim was resultantly discontinued. Defense counsel contended that William Mora’s brain injury was not related to the accident, given that Mora’s symptoms were merely mild prior to January 2017.
COURT
Superior Court of Kern County, Bakersfield, CA
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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
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