Case details

Vendor caused fall by leaving boxes strewn about: plaintiff

SUMMARY

$240000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
back, foot, leg, lower back, lumbar, neurological, pelvis, radicular pain, radiculitis, spine, strain
FACTS
On Nov. 12, 2012, plaintiff Barbara Garlinger, 52, a salesperson for Bloomingdale’s, a subsidary of Macy’s Inc., was inside the stock room at work in Century City when she tripped over shoe boxes. She subsequently fell forward onto the cement floor, and she claimed to her pelvis and spine. Garlinger sued a vendor that leased storage space from Bloomingdales, L.K. Bennett USA Inc. Garlinger claimed that L. K. Bennett left shoe boxes strewn about in the aisle of the stock room. Thus, she alleged that L.K. Bennett was negligent for creating the dangerous condition. Defense counsel argued that Garlinger was comparatively liable for the incident. Counsel contended that Garlinger knew that the boxes were on the ground, as she had walked past them without falling when she entered the stock room, but that Garlinger fell on her way out. Defense counsel further argued that the greatest portion of liability was on Garlinger’s employer, Macy’s Inc., which had failed to provide adequate storage space to its vendors, including L.K. Bennett, and had failed to properly maintain the storage room., Garlinger sustained fractures to her pelvis’s pubic bone and a strain to her lower back. As a result, she complained of pain radiating from her back and a leg, and into a foot, causing her to be unable to stand up after the fall. Garlinger was subsequently transported by ambulance to Cedars-Sinai Medical Center, in Los Angeles, where she spent five days. She then required home healthcare assistance and was on disability for approximately three months. She also underwent physical therapy and pain management, which included injections to her lumbar spine and acupuncture. After Garlinger underwent another course of injections and other conservative measures, which included a rhizotomy, she continued to complain of residual pain to her lower back. She claimed that her continued lumbar pain has limited her level of activity and that as a result, future surgery was recommended. Garlinger’s past medical costs were paid by workers’ compensation. Thus, she sought recovery for her future medical expenses, and for her past and future pain and suffering. Macy’s Corporate Services Inc. brought a lien complaint, seeking recovery for the amount paid by workers’ compensation.
COURT
Superior Court of Los Angeles County, Central, CA

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