Case details
Unsecured gym equipment fell on her, plaintiff claimed
SUMMARY
$1000000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
brain, brain injury, concussion, head, neck
FACTS
On Oct. 30, 2017, plaintiff Roxanne Rivas, a 36-year-old unemployed woman, was using a cable crossover machine at the fitness center at her condominium, Pine Creek Village, in Costa Mesa. She pulled the machine’s handles toward her and the machine fell forward on top of her. Rivas fell backward onto the floor, and the top bar of the machine struck her head. She suffered of her head and neck. Rivas sued the owner of the premises, Pine Creek Village Homeowners Association; the maintainer of the fitness center, Property Management Professionals LLC; and the installer of the cable crossover machine, Technofit Inc. Rivas alleged that the homeowners association and Property Management Professionals failed to repair and/or maintain the machine, creating a dangerous condition. She also alleged that Technofit failed to properly install the machine, creating a dangerous condition. Rivas’ counsel contended that the defendant’s actions caused the cable crossover machine to be left unsecured and that the hazardous condition ultimately caused the machine to fall onto Rivas. Defense counsel contended that there was no standard requiring gym equipment to be bolted to the floor and that Rivas was at fault for the misuse of the machine. Counsel moved for summary judgment based on questions of fact for the jury regarding industry standards and bolting gym equipment to the floor, but the motion was denied., Rivas suffered a concussion and soft-tissue of her neck and back. She also claimed that the accident aggravated her Chiari malformation, a condition in which brain tissue extends into the spinal canal. Rivas was immediately taken to a hospital, and she ultimately underwent a craniotomy to address her Chiari malformation. Rivas sought recovery of past medical costs and damages for her past and future pain and suffering. Her husband, Sergio Orozco, presented a derivative claim.
COURT
Superior Court of Los Angeles County, Lancaster, CA
Similar Cases
Negligent tire repair caused serious rollover crash: family
AMOUNT:
$375,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Steep, winding road caused multiple truck crashes: plaintiffs
AMOUNT:
$32,500,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Dangerous highway caused fatal multiple vehicle crash: suit
AMOUNT:
$18,681,052
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Applicant claimed future care needed after fall from roof
AMOUNT:
$3,500,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Roofer claimed he needs future care after fall from roof
AMOUNT:
$6,000,000
CASE RESULT:
Plaintiff won
INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
- Show More
- Show Less
CATEGORY:
Personal Injury
Plaintiff: Improperly trained delivery personnel caused injuries
AMOUNT:
$4,875,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury