Facts

In July 2005, plaintiff Patricia Swift, 39, tripped over a chair while visiting the Mount Palomar Winery in Temecula. Plaintiff alleged that the winery was negligent and violated California Building Standards Code section 1003.2.5.

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that the door from the patio to the tasting room was the only path of egress/ingress for the patio area available to Swift at the time. The right side of the door was closed at the time of the accident, and Swift was directed through the left side, which is the side closer to the chair that she fell over. The chairs and floor tile were dark in color, and it was closing time. Swift and her husband recalled that it was dimmer inside the tasting room than it had been earlier.

DEFENDANT'S CONTENTIONS:
The winery denied that it had any liability for the plaintiff's injuries and believed that the plaintiff tripped and fell over an interior chair because she was not watching where she was walking. The winery did not have any notice that a chair was anywhere near the door. Several witnesses were prepared to testify the chair was where it was supposed to be several feet away from the doorway when the plaintiff crashed over it.

The winery was also prepared to present evidence that plaintiff had consumed several glasses of wine, was wearing sunglasses and was talking to her friend, whom she was walking right next to at the time she fell. Plaintiff admitted walking through the same doorway three times, and her husband testified that he walked through the doorway five times, during the one to two hours before plaintiff walked into the chair. The husband went through the door minutes before the fall. The winery was prepared to show that the lighting within the winery did not change before plaintiff's fall. Plaintiff testified that she would not have walked forward if she had not been able to see her path clearly in front of her when she entered the winery. All available evidence was that plaintiff would have seen the chair if she was paying attention.

Specials in Evidence

Swift's medical specials were $242,649. Other demands were unspecified.

Injuries

Swift alleged severe injuries to her left shoulder, left clavicle, left knee and left elbow. She fractured her left clavicle, which has yet to heal properly, and her physicians gave a guarded prognosis as to whether it will ever heal properly. The non-union clavicle fracture required an open reduction with resultant surgical scars. The shoulder surgery required internal fixation and her post-operative diagnosis was left shoulder impingement syndrome, costal clavicular syndrome with some neurological pain to the left shoulder region, as well as left ulnar nerve neuritis with impingement of the cubital tunnel following ulnar nerve transposition. Swift also required arthroscopic surgery to repair a left knee medial chondral flap tear and her elbow injury. In addition to the surgeries, Swift endured multiple other procedures, physical therapy and diagnostic examinations.

Result

The case settled for $179,000 in a private mediation.