Case details

Store: Plaintiff failed to see open and obvious tree grate

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
back, bulging disc, knee, lumbar knee, meniscus, tear
FACTS
On July 17, 2009, plaintiff Johanna Santos, 24, a job coach for Pride Industries, was assisting a disabled employee complete his job duties at Ralph’s Supermarket in Rancho Palos Verdes. While Santos and the Ralph’s employee were returning from the restroom to log an inspection near the check stands, Santos stepped into a tree grate planter in the concourse area and fell. Santos claimed to her left knee and lower back. Santos sued Ralph’s Supermarket, alleging the defendant negligently repaired and/or maintained the concourse area of the store, creating a dangerous condition. Santos claimed that as she walked back toward the front of the store, following the inspection, the employee crossed diagonally over the metal grates surrounding one of the planted trees. She claimed she was walking close to the employee, looking straight ahead, when she stepped into a 5- to 7-inch hole surrounding the tree trunk, causing her to trip, fall forward and land on her left knee. Defense counsel contended that the presence of the five 10-foot tall trees in the concourse area, surrounded by 5-foot square metal grates, was open and obvious and should have been noticed by Santos in the exercise of due care., Santos sustained a torn meniscus in her left knee. She was subsequently taken from the scene of the accident by ambulance and brought to an emergency room. She later underwent arthroscopic surgery on her knee on April 7, 2010. Santos also underwent physical therapy, chiropractic care, and acupuncture for over a year. She then began pain management and received two lumbar epidural injections for a bulging disc at L5-S1. Santos claimed she missed 18 months of work, but has since returned and does not require any future treatment for her . Thus, she sought recovery of $117,935 in total damages, including $54,000 in past medical costs, $19,038 in past lost earnings, and an unspecified amount for her pain and suffering. Defense counsel disputed the nature and extent of Santos’ and damages. Counsel argued that Santos suffered only minor soft-tissue and that any treatment past her MRIs was unreasonable. Counsel also argued that Santos did not sustain a torn meniscus and that the bulging lumbar disc was unrelated to the accident. Defense counsel contended that if Santos was awarded damages, it should be in the $500 to $1,000 range. Counsel also purchased Santos’ $97,000 worker’s compensation lien for $20,000, and refused to make an offer other than a statutory waiver of costs.
COURT
Superior Court of Los Angeles County, Torrance, CA

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