Case details

Tenant claimed defendants failed to fix dangerous ceiling

SUMMARY

$1000000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
anxiety, back, brain, brain injury, bulging disc, cervical, depression, lumbar, mental, neck, neurological, psychological, radiculopathy, traumatic brain injury
FACTS
On June 11, 2015, plaintiff Margarita Gomez, 65, a janitor, was in her apartment at 202 East Cypress St., in Glendale, when the ceiling collapsed on her. She sustained to her head, neck and back. Gomez sued the owners of the apartment, Henry Hawkins and Shirley Hawkins, as trustees of The Hawkins Family Trust; and the apartment’s management company, Raford Management Co. Inc. Gomez alleged that the defendants were negligent in the repair and/or maintenance of the ceiling, creating a dangerous condition. Mr. and Ms. Hawkins filed a third-party claim against the maintenance company for the apartment, Park’s Total Maintenance Co., seeking indemnification. Plaintiff’s counsel contended that the defendants were given continual notice of the dangerous and unsafe conditions of Gomez’s apartment, and, more specifically, of the condition of the ceiling, yet they failed to correct it. Defense counsel asserted that defendants had no prior notice of the deteriorated condition of the ceiling prior to it collapsing., Gomez sustained a traumatic brain injury. She also sustained bulging cervical and lumbar discs with annular tears, resulting in radiculopathy to her neck and back. Gomez was taken to a hospital for treatment after the incident. She ultimately underwent physical therapy and epidural injections to her spine. Gomez claimed she suffers from depression, anxiety and post-traumatic stress disorder. However, she admitted that she continues to work and has no limitations.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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