Case details
Store disputed amount of liquid on floor and claimed no notice
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
back, fusion, herniated disc, lumbar, neck
FACTS
On July 25, 2009, plaintiff Mickie Carpenter, an unemployed 57 year old, was shopping at a Costco Warehouse in Pomona when she slipped and fell on liquid that was on the floor. She claimed to her neck and lower back as a result of the fall. Carpenter sued Costco Wholesale Corp. She alleged the defendant failed to properly inspect and maintain its premises, creating a dangerous condition. Specifically, Carpenter claimed that she slipped on a 20-foot-long stream of water or other liquid substance. She also claimed the liquid stream was probably caused by a Costco employee and was never cleaned up, even though there was notice of the condition. Costco claimed it had no notice of any liquid on the warehouse floor prior to the alleged incident on the date of loss. The store manager who reported to the accident claimed that there were only a few drops of soda on the floor at the location of Carpenter’s accident, and not a 20-foot-long stream of liquid., Later on the date of the accident, Carpenter went to an emergency room, where she was treated and released. She then followed up with an orthopedist and neurologist, and underwent MRIs that revealed cervical and lumbar disc herniations at the C1-2, C2-3, L3-4 and L4-5 levels. Carpenter initially received three epidural injections to treat her lumbar herniations, but she ultimately underwent a lumbar fusion at the L3-4 and L4-5 levels on Nov. 11, 2012. She had also been receiving physical therapy up until the present. Carpenter claimed she still experiences significant pain and discomfort, and is restricted in performing household chores and caring for her mentally-challenged son. She claimed that as a result, she still requires epidural injections to her lumbar spine for the remainder of her life and will require a cervical fusion surgery within the next 10 years. Thus, Carpenter sought recovery of $342,593 in damages for past medical costs, $571,549 in damages for future medical costs, and an unspecified amount of damages for her past and future pain and suffering. The defense’s independent medical exam physician, an expert orthopedic surgeon, opined that Carpenter’s lumbar herniations were a pre-existing condition related to two prior falls, after which Carpenter made injury complaints in the same region of her lower back. The defense’s orthopedic expert also disputed Carpenter’s claim of a serious neck injury (herniations) and the need for future surgery.
COURT
Superior Court of Los Angeles County, Pomona, 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
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- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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