Facts

Plaintiff Athena Arnett, a minor, by and through her guardian, Donna Stubblefield, alleged that she slipped and fell on ice cream in the food court at the West Covina Plaza on April 10, 2013.

PLAINTIFF'S CONTENTIONS: Plaintiff claimed she fell and landed on her back/buttock and had severe pain in her right leg, hip, ankle and foot. Plaintiff alleged that the subject tile floor was unreasonably slippery when ice cream was present and that Westfield knew, or should have known, of the dangerous condition. The condition caused her to fall, resulting in severe right leg, hip, ankle and foot pain, alleged fracture of the fifth metatarsal, requiring her to be completely incapacitated for about 30 days, bound to a wheel chair.

DEFENDANT'S CONTENTIONS: Westfield asserted it had reasonable inspection procedures in place and plaintiff didn't exercise due care for the conditions. The ice cream spill was an open and obvious condition. Westfield also argued that plaintiff sustained a bruise as a result of the incident, which resolved within three to four weeks.

Settlement Discussions

Plaintiff demanded $74,000. Defendant made a CCP 998 offer of $15,001 that expired two years before trial. Thereafter, a waiver of costs.

Damages

Plaintiff waived past and future medical specials and claimed $25,000 for pain and suffering.

Injuries

The paramedics were summoned to the scene and plaintiff was taken to Citrus Valley Medical Center. She was administered morphine for pain. Tests were performed including x-rays of her right femur, tibia/fibula and CT of the pelvis. All were negative and plaintiff was released. The following day, plaintiff sought medical treatment with her pediatrician. She then had an x-ray of her right ankle taken on April 12, 2013. On April 17, 2013, plaintiff went to orthopedist Charles Alexander, M.D., with complaints of significant pain and swelling in her right leg, mostly in shin region and taking Norco for pain. Plaintiff was mostly non-weight bearing on her right leg because of the severity of the pain. She was diagnosed with a right leg contusion. Plaintiff continued to follow-up with her pediatrician and orthopedist claiming her condition did not improve. Then on July 29, 2013, she had x-rays taken of her right foot, which purported to show a hairline fracture on the fifth metatarsal. She sought treatment with a second orthopedist, Ranga Reddy, M.D., and was diagnosed with a fracture of her right fifth metatarsal. She was prescribed a walking boot. Plaintiff complained of ongoing right foot pain until Sept 6, 2013 when she was discharged. During trial, plaintiff dropped her claim that the subject accident caused her alleged fracture of the fifth metatarsal.

Result

Defense verdict

Other Information

Defendants have filed a cost bill of $45,584.

Deliberation

17 minutes

Length

seven days