Facts

The plaintiff Magdalena Rios had a disabled daughter who was confined to a wheelchair. The plaintiff's daughter received occupational therapy and medical equipment, such as a threshold ramp, from California Children's Services. A threshold ramp is a small ramp that goes over the threshold of a front doorway to prevent a wheelchair from catching on the bump. On September 21, 2002, approximately one week after the threshold ramp was installed, the plaintiff claimed she stepped on it and it moved beneath her, triggering her fall.

PLAINTIFF'S CONTENTIONS:
The plaintiff sued the defendant National Seating & Mobility Company Inc. (the company that sold, delivered and installed the ramp) and its Fresno manager (Ray Kent) for negligent installation, failure to warn and general negligence.

The plaintiff contended the ramp should have been permanently attached to the doorframe or National Seating should have provided screws, instructed the plaintiff on how to secure the ramp and warned her of the dangers of not fastening the ramp. The plaintiff further contended the ramp was not the correct size for her door.

DEFENDANTS' CONTENTIONS:
The defendants countered that National Seating complied with the California State Code of Regulations when it delivered and installed the ramp. The regulations did not allow National Seating to permanently attach the ramp. The plaintiff had the responsibility to permanently affix the ramp. The defendants further contended that the ramp did not move; rather, the plaintiff fell on her own. The defendants produced three witnesses to support this contention.

The plaintiff also sued Prairie View Industries (the manufacturer) for products liability. Prairie View settled before trial for an undisclosed amount.

Settlement Discussions

The plaintiff demanded $1 million before trial and $100,000 on the day of trial. The defendants offered $25,000.

Injuries

The plaintiff broke her right ankle in the fall and underwent a surgery in which pins and screws were installed. She suffered residual scarring. The plaintiff claimed that after the fall she was unable to walk without crutches or a walking aid, was unable to enjoy life the way she used to, and was unable to bathe her daughter or push her wheelchair. The defendants countered that the plaintiff had trouble walking before the fall because she had suffered from polio since childhood.

Result

Defense verdict. The defendants' cost bill of $23,871.99 was approved.

Deliberation

one hour

Poll

12-0

Length

seven days