Case details

Wall’s collapse led to head injury and loss of toe, plaintiff alleged

SUMMARY

$5782000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
blunt force trauma to the head, brain, brain injury, concussion, crush injury, head, leg, neurological, reflex sympathetic
FACTS
On Sept. 25, 2017, plaintiff Brayan Resendez, 19, a painter, was painting a wall at Mulholland Tennis Club, in Los Angeles. While in the course of his job, he sat on the wall, but it collapsed. He was thrown to the ground and roughly 24 blocks, each weighing 15 pounds, came crashing down with him. Some of blocks landed on him and he briefly lost consciousness. Resendez claimed to his head and a foot. Resendez sued the property owner, Mulholland Tennis Club. He alleged that the incident stemmed from an elevation-related hazard and that the Mulholland Tennis Club was negligent because the site was not properly safeguarded. He also alleged that Mulholland Tennis Club was negligent in the construction and maintence of the wall, creating a dangerous condition. Resendez also sued the doctors that treated him, Dr. David Golden, Dr. Jawad Bermani and Dr. Pavel Petrik; the doctors’ medical group, AV Trauma Surgeons; and the hospital where he was treated, Antelope Valley Hospital – a facility of the Antelope Valley Healthcare District. However, those medical defendants were all let out of the case on summary judgment. Thus, the matter continued against Mulholland Tennis Club only. Resendez claimed that Mulholland Tennis Club was negligent in the construction and maintenance of the wall that he was hired to paint. Defense counsel argued that Resendez was not being safe and was negligent for climbing on the wall. Counsel also argued that Resendez’s employer was negligent for allowing unsafe practices on the job, such as not using ladders., Resendez sustained crush to his right leg and ankle. He also sustained blunt force trauma to his head, rendering him unconscious for a short time. As soon as he regained consciousness, his co-workers took him to Palmdale Regional Medical Center, in Palmdale, where he immediately underwent a fasciotomy to relieve compartment syndrome in his right ankle. However, Resendez developed gangrene, which resulted in the need for a surgical amputation of the great toe and a small part of the bottom of his right foot. Resendez claimed that he is now permanently disabled as a result of the partial amputation of his right foot. He also claimed that he continues to suffer from headaches due to his post-concussion syndrome. In addition, Resendez claimed that he suffers from complex regional pain syndrome, also known as reflex sympathetic dystrophy or causalgia, a chronic pain condition, and that he has to wear an orthotic device in his shoe so that he can walk normally. He alleged that as a result, he is unable to stand on his toes or perform any other movement that necessitates the extension of his toes, such as running and jumping. In addition, Resendez claimed that he suffers from depression. As a result, he alleged that he will need additional treatment. The plaintiff’s physical medicine expert opined that Resendez suffers from CPRS and needs future care to manage the chronic pain condition. The plaintiff’s expert psychologist testified to the psychological effects of chronic pain. Resendez sought recovery of future medical costs, and damages for his past and future pain and suffering. Defense counsel argued that Resendez did not have CPRS and that while Resendez has some limitations, they are mild in nature. Thus, counsel contended that Resendez should be able to go back to work. The defense’s chronic pain expert opined that Resendez does not have CPRS and that Resendez only needs limited future care.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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