Tessa Schonder v. Star Waggons Inc.; Talpa Media USA Inc.; Warner Horizon Television Inc.; and Does 1 through 50, inclusive
Published: Feb. 7, 2020 | Result Date: Dec. 23, 2019 | Filing Date: May 30, 2018 |Case number: BC708398 Bench Decision – $715,000
Judge
Court
Los Angeles County Superior Court
Attorneys
Plaintiff
Andrew T. Ryan
(The Ryan Law Group)
Kassandra N. Velasquez
(The Ryan Law Group)
Defendant
Vicki L. Greco
(Collinson, Daehnke, Inlow & Greco)
Mark B. Buehler
(Law Offices of Richard E. Bishop)
Facts
On Monday, April 23, 2018, Plaintiff Tessa Schonder was working as a personal assistant to Alicia Keys on the set of "The Voice." She arrived with her boss in Los Angeles on a morning flight from New York for the first day of live shots on the production. Schonder arrived on set at Universal Studios in the early afternoon, and went to the artist compound in a sound stage to go over the daily schedule. After meeting for about 5 minutes, Schonder exited the artist compound, and went to a temporary restroom in a trailer leased by Defendant Star Waggons. The restroom trailer was on a slight slope, so the base was propped up by wooden blocks to level it out. By propping up the trailer with wooden blocks, a large gap was present at the bottom of the staircase leading into the women's restroom. The producer of the show, Defendant Finnmax LLC, a company started by Mark Burnett which is now subsidiary of MGM, built a wooden block to bridge the gap at the bottom of the staircase. The wooden block was not secured to the staircase or the ground. After using the restroom, Schonder walked down the staircase and put her left foot onto the wooden block. The wooden block slammed down, taking Schonder's foot and ankle with it. Schonder suffered a displaced bimalleor ankle fracture.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff argued that this type of fracture would cause plaintiff to develop osteoarthritis. She claimed that she will need two additional surgeries over her lifetime, including hardware removal and joint fusion.
DEFENDANTS' CONTENTIONS: Defendants admitted liability and causation but disputed the extent of plaintiff's damages. Defendants argued that plaintiff did not complete her physical therapy as recommended by her doctor, and that would have made her better. Further defendants argued that it was extremely unlikely for plaintiff to develop osteoarthritis because the bones were in normal alignment.
Injuries
Schonder was taken by paramedic to St. Joseph's in Burbank, where she had a closed reduction. She got a second opinion at Cedars-Sinai, where surgery was recommended. Schonder wanted to get the surgery in New York, so another closed reduction was performed to make it safe for Schonder to fly. The closed reductions at Cedars had to be done without anesthesia, which was extremely painful. Schonder got surgery in New York about a week after the incident, with the implantation of hardware. She was on bedrest for approximately 6 weeks, and went to 10 physical therapy sessions in New York. She was back to work full time in August 2018.
Result
The jury awarded plaintiff a $715,000 verdict which comprised of $350,000 in future medical care, $50,000 in loss of earning capacity, $15,000 in other future expenses, $200,000 in past pain and suffering, and $100,000 in future pain and suffering.
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