Behzad Olyaie v. Amy Roleder, Health South Corporation, Health South of Union City
Published: Mar. 7, 2004 | Result Date: Jun. 11, 2003 |Case number: 01025126 Verdict – $0
Judge
Court
Alameda Superior
Attorneys
Plaintiff
Defendant
Facts
According To The Plaintiff: The plaintiff, Bezhad Olayie had sustained a meniscal tear in one knee which
resulted in a need for surgery. The plaintiff received post-surgical rehabilitation at the facilities of the
defendant, Health South Corporation, supervised by the defendant, Amy Rolleder, RPT. While undergoing
rehabilitation, as above, the defendant Rolleder chose to have the plaintiff use a plastic device, commonly seen
used in step aerobics classes. The step device had rubberized strips on two sides. The plaintiff was instructed
by the defendant Rolleder to step up backwards onto the step device. While doing so, the plaintiff slipped,
tearing the uninjured meniscus and retearing the repaired meniscus.
According To The Defendant: the plaintiff was employed as a limousine driver for Carey Limousine when he
was involved in a rear-end motor vehicle accident on Dec. 13, 1999. He complained of pain and catching in the
medial aspect of his left knee. An MRI showed a complex medial meniscus tear. He filed a workers'
compensation claim.
On March 16, 2000, Olyaie had a left knee arthroscopy performed by Dr. Jeffrey Schubiner, orthopedic
surgeon. Dr. Schubiner recommended physical therapy and strengthening exercises of the muscles of the lower
extremity, including the quadriceps and hamstrings.
From March 2000 to July 5, 2000, the plaintiff was treated at Health South Union City by Amy Roleder, RPT
and Scott Mitchell, PT Assistant.
On June 29, 2000, Roleder suggested that Olyaie practice climbing stairs at home. She indicated that she
would begin adding steps up again into his program to improve his functional ability.
On July 5, 2000, after Olyaie completed his exercise program, Roleder requested that he do additional sets of
step ups and step downs to count the number that he could do without pain to further assess his ability to climb
stairs. She stood next to him while he did step ups on the wide end. She then requested that he do step downs.
He moved to the narrow end of the step and stepped down on his left foot. During a set of step ups and step
downs, Olyaie's right heel slipped as he attempted to place his foot on the step. He jarred his right knee slightly
and lost his balance temporarily but regained it shortly. Olyaie claimed that he fell. The plaintiff began to
complain of right knee pain. Subsequently, MRI's of both knees revealed complex tears.
Olyaie recovered completely with right knee arthroscopy in October 2000. He continued to complain of left
knee symptoms and had a repeat left knee arthroscopy on June 12, 2001.
Other Information
According to the plaintiff, despite the defendants' CCP Section 998 Offer of a Waiver of Costs only, and the defense verdict, the Court exercised its discretion and did not award costs to the defendants as the offer of a waiver only was not deemed a reasonable offer.
Deliberation
two hours
Poll
11-1 (defense)
Length
seven days
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