Facts

On Sept. 23, 2013, plaintiff fell to the floor when a chair collapsed as she attempted to sit down while at the downtown Los Angeles Ralphs store.

Plaintiff filed suit against the grocery store chain.

PLAINTIFF'S CONTENTIONS: Plaintiff requested and received the jury instruction for res ipsa loquitor based on the chair being in the exclusive control of the defendant and occurrence of the accident not being the fault of plaintiff. The defense argued that the exclusive control prong was not met because the video showed use of the chair by other customers prior to the incident. Plaintiff further argued there was no formal or written inspection policy for the chairs.

Plaintiff contended that she was in chronic pain due to the back injury she sustained in the accident and that pain would continue for the rest of her life. Plaintiff testified that she had not experienced lower back pain since a car accident in 2004 and she was asymptomatic prior to the incident. Plaintiff's orthopedic surgeon Dr. Kasimian justified the microdiscectomy he performed based on plaintiff's radiating complaints of lower back down to her buttocks. The knee surgery was justified based on the existence of a meniscal tear. Both Dr. Caton and Dr. Kasimian agreed that plaintiff was a candidate for a lumbar fusion based on her continuing complaints of low back pain.

DEFENDANT'S CONTENTIONS: Defense disputed that plaintiff was asymptomatic prior to the accident. The defense contended that plaintiff presented with the same symptoms complex to the chiropractor after the accident in 2013 that she presented with after a car accident in 2004. There was also testimony that plaintiff had pain to her knee and back between the two accidents.

The defense alleged that plaintiff's condition was not that severe based on extensive world traveling plaintiff was able to do after the accident. The defense also argued that plaintiff did not have radiating pain initially after the accident and Dr. Kasimian's characterization of leg pain to justify his surgery was improper. The defense also pointed to the video of the incident, which did not show a potential mechanism of injury to her knee and relied on the testimony of radiologist Dr. John Crues that there was no evidence of traumatic injury on any of plaintiff's radiological studies. The defense also contended that plaintiff was not a candidate for a lumbar fusion.

Settlement Discussions

Plaintiff's last demand was $2,000,000. The defense's last offer was $225,000.

Specials in Evidence

$85,000 $250,000

Injuries

Plaintiff claimed she struck her lower back/buttocks on the floor and had significant bruising to her buttocks as a result of the incident. She also claimed she twisted her knee and injured her neck. Plaintiff went to the chiropractor the following day and was subsequently treated by multiple orthopedists for spine and knee injuries. Plaintiff's lower back was treated with physical therapy followed by an epidural injection. Plaintiff then underwent a microdiscectomy but was still symptomatic after the surgery. Plaintiff's retained neurosurgeon Dr. William Caton and treating orthopedist Dr. Stepan Kasimian recommended that plaintiff undergo a lumbar fusion. Plaintiff also alleged she twisted her knee and sustained a knee injury for which she underwent arthroscopic knee surgery. Defense radiologist Dr. John Crues opined that plaintiff had a degenerative meniscal tear that pre-existed the incident and there were no findings on the lumbar spine MRI to justify the surgery that was performed or the need for a future surgery.

Result

A verdict was returned for plaintiff in the sum of $275,000.

Deliberation

one day

Length

four days