Settle v. Queen of Angels-Hollywood Presbyterian Hospital

Topic: Premises Liability
Sub topic: Slip & Fall
Jury Verdict: $959,906

Attorneys:
Plaintiff - Christopher P. Yuhl, Yuhl, Rhames, Yuhl & Atkinson, Santa Monica
Defendant - Todd C. Theodora, Stephan Ginsburg, et al., Costa Mesa

Facts: On January 4, 1995, on a rainy morning, Pltf, a 48-year-old fund raiser, slipped and fell in the loby of Deft's medical building on rain water which had accumulated on the floor.

Contentions: That the building owner selected a substandard rubber runner which was too small and non-water absorbent which allowed rain water to accumulate in the lobby; that no caution signs were in place. Pltf further contended that the rubber runner produced in discovery was not the same as that depicted in photographs allegedly taken at the time of the accident. (Defts had denied having any photographs of the accident scene until one week before trial. Deft's risk manager, in both initial form interrogatory responses and requests for supplemental interrogatory responses served just prior to trial, declared that there were no photographs.) Pltf disputed that any photographs were taken at the time of her injury.

Injuries: Complete tear of the posterior cruciate ligament of right knee; partial tear of lateral meniscus. Pltf subsequently fell as a result of the unstable knee, which caused fracture of all five metatarsals of the right foot and onset of post-polio syndrome which Pltf's doctors testified would force Pltf into a wheelchair within three years and for the remainder of her life.

Defense: Contended that Pltf's pre-existing knee condition and polio at age seven caused her to fall, as evidenced by prior falls. Deft further contended that it treated the lobby floor with an anti-slip finish, used larger rubber runners, caution signs, towels and blankets which were adequate precautions to prevent Pltf from falling; that Pltf did not fall where and how she claimed.

Specials: $40,000 past medical; $15,000 past L.E.; $386,000 future L.E.; $220,000 loss of household services.

Verdict: $959,906 ($612,056 on economic and $347,850 in non-economic damages): Defendants Motion for New Trial was denied. The Judgment was satisfied.