Facts

Gloria Rausch sued Critchlow Investments, the operator of Redwing Bar and Grill, and the property owners of Redwing relating to a fall and injury she suffered while at Redwing. Rausch later dismissed the property owners from the case.

PLAINTIFF'S CONTENTIONS:
Rausch went to Redwing Bar and Grill on November 16, 2011 with her boyfriend and son to celebrate her birthday. While there, she went on stage to sing karaoke. When Rausch was done singing, she tried to exit the stage by walking down the stairs that were at the front of the stage. Rausch was wearing four-inch platform heels. She claimed that while stepping down, one of the steps moved, causing her to fall and injure her ankle.

She alleged negligence and negligence per se, claiming that the stage and steps were a dangerous condition of which the defendant was aware.

DEFENDANT'S CONTENTIONS:
Defendant denied that the stage and steps were dangerous or that it had notice of an alleged dangerous condition since there had never been any prior accidents relating to the steps or stage.

Settlement Discussions

Rausch made a CCP 998 demand for $400,000 and defendant offered $102,500.

Damages

Rausch initially claimed $1,117,269 in damages for future care. She later asked the jury for about $900,000. This included $200,000 for past pain and suffering, $500,000 for future pain and suffering, and $189,371 for future economic damages.

Injuries

Rausch was treated at a hospital on the night of the accident. The claimed injuries to her right foot included an avulsion fracture of the lateral ankle, a comminuted fracture of the calcaneus, and a fracture of the inferior cuboid. Later that month, she had internal fixation surgery and 26 pieces of metal were installed in her foot. Plaintiff claimed her foot became infected about two months later, requiring debridement surgery and prolonging her healing. Plaintiff claimed she experienced constant, extreme pain in her foot and scarring. She also claimed that she developed a limp as a pain avoidance measure. Rausch's physician testified that she would develop arthritis and need future surgery.

Result

The jury returned a unanimous verdict for Critchlow, finding it was not negligent.

Other Information

FILING DATE: Aug. 17, 2012.