Case details
Tenant claimed foot injuries from falling shower door
SUMMARY
$363990.59
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
leg, toe
FACTS
On April 20, 2013, plaintiff Lesley Chavarria, 23, a student and a cashier at a Target retail store, was sliding open the shower door to exit the tub after she finished taking a shower in her apartment bathroom, in Reseda, when the shower door came off of its railing. As a result, the shower door fell onto her left foot, allegedly causing . Chavarria sued the landlord/building owner, Frank Menlo, as trustee for the Menlo Family Trust; and the property management company, Century Quality Management Inc. Chavarria alleged that the defendants failed to repair and/or maintain the shower doors in a safe manner, creating a dangerous condition. Plaintiff’s counsel contended that discovery revealed that there were three prior instances in other units within the building in which shower doors came off the rails. Thus, counsel argued that the defendants should have been aware of an issue with the shower doors in the building, but that the defendants failed to repair them. Defense counsel argued that Menlo, the family trust, and Century all had no notice about the allegedly defective shower door in Chavarria’s apartment. Counsel further argued that Chavarria lived in the subject unit for nine months without reporting any problem with her shower door., Chavarria sustained lacerations to the top of her left foot and a partially torn tendon of the extensor hallucis longus muscle, which extends the foot’s big toe. She was subsequently taken by her sister to Northridge Hospital Medical Center, in Northridge, where she was treated and released. Chavarria ultimately underwent outpatient surgery several months after the incident to repair the partially torn tendon. Chavarria claimed that she missed time from work as a cashier while her foot healed. She also claimed that she is left with residual numbness to part of her left foot and a visible scar. Thus, Chavarria sought recovery for her past medical costs and past lost wages. She also sought recovery of general damages for her pain and suffering.
COURT
Superior Court of Los Angeles County, Los Angeles, CA
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