Case details

Tourist claimed exposed outlets created tripping hazard

SUMMARY

$650000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
back, chest, elbow, emotional distress, foot, groin, hip, knee, knee chest elbow, lower back, mental, psychological
FACTS
At around 12:30 p.m. on July 10, 2014, plaintiff Judy Carey, 69, a retiree, went with 12 family members to the Hollywood & Highland Center to take a “Ground Tour of Los Angeles.” Hollywood & Highland Center is one of the busiest pedestrian thoroughfares in Los Angeles, located in heart of the Hollywood Entertainment District. As a result, Starline Tours directed Carey and her family to wait in Actors Alley, near Starline’s Visitor’s Center. There, Carey tripped and fell over exposed electrical and phone conduits that were sticking out of the ground of the busy walkway. Carey sustained of a hip, lower back, groin, chest, an elbow, a knee, and a foot. Carey sued the property owners, CIM Group, LLC (doing business as CIM Group (CA) LLC), H&H Retail Owner, LLC, and CIM/H&H Retail, L.P.; the maintenance company, ABM Onsite Services-West Inc.; and the tour company, Starline Tours of Hollywood Inc. Plaintiff’s counsel contended that, in anticipation of the delivery of a Pepsi machine, the property owners had their maintenance contractor remove planters that had protected the outlets from posing a tripping hazard. However, counsel contended that when Pepsi failed to deliver the machine when anticipated, no one returned the planters or took any other reasonable measures to protect the area until the machine arrived. Thus, plaintiff’s counsel asserted that the defendants failed to repair the area or warn members of the public about the dangerous condition. The property owners and maintenance company blamed one another for leaving the hazard exposed. However, their counsel also asserted that the condition was open and obvious., Carey had senile osteoporosis, making her particularly susceptible to fractures in a fall onto concrete. As a result, she sustained disabling , which included multiple fractures of her sacrum and pelvis, a rib contusion, and multiple other contusions and lacerations. Carey was subsequently taken by ambulance to a hospital. She ultimately required four emergency room visits and two hospital stays, along with a two-week stay at a convalescent center in San Diego, before she was well enough to travel home to Oregon on Aug. 10, 2014. In Oregon, Carey followed up with her primary care physician, and underwent in-home physical therapy, occupational therapy, and skilled nursing, followed by outpatient physical therapy and mental health therapy. She claimed she had the in-home therapy because she was home-bound and had the outpatient therapy because she was still weak, in a lot of pain and could not function as before. After trying other pain medications, her primary care physician placed Carey on addictive opioids. In December 2014, Carey saw a multi-fracture orthopedic specialist, who concluded that Carey’s fractures had healed via a pelvic X-ray and MRI, which showed the “healing of her fractures” at that time. The specialist subsequently referred Carey to a pain specialist to treat her chronic pain. Carey claimed that she will require lifelong pain management therapy and medication, as well as require opioids and injections to her sacroiliac joint for the rest of her life. She alleged that she went from zip-lining with her family during a cruise in the days before her fall to “aging” rapidly into a weaker, less active woman who must live with pain for the rest of her life. She also claimed that she will now always require the use of a cane to walk because another fall would have catastrophic consequences. Carey also alleged that she can no longer carry her laundry or groceries; make her bed; move or clean her furniture; wash her car, bathtub, toilet or dishes; bathe her dog; plant flowers; or get up on a stool to clean her windows. She claimed that she can some of her activities of daily living, but only with difficulty due to pain and/or risk losing her balance. She also claimed that when she does those things, if she tries, it’s hard to recuperate afterward. Carey alleged that she has devised ways of doing some things, like carrying many smaller half-filled bags of trash out, instead of a full bag, or she will stop and rest before getting back to the chores later. Thus, Carey claimed that she suffers from depression and post-traumatic stress disorder, as she came to grips with the new condition and limitations of her life.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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