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Personal Injury
Premises Liability
Negligent Maintenance

Jacqueline MacKenna v. Glendora Foothill Investments Partnership, The Wright Associated Companies, Wright Real Property Management

Published: Jun. 21, 2024 | Result Date: May 26, 2023 | Filing Date: May 13, 2021 |

Case number: 21STCV18013 Settlement –  $1,000,000

Judge

Daniel M. Crowley

Court

Los Angeles County Superior Court


Attorneys

Plaintiff

Michelle B. Hemesath
(Ikuta Hemesath LLP)

Alexander D. Napolin
(Napolin APC)


Defendant

Jeffrey Cabot Myers
(Kirk & Myers)


Facts

On the evening of June 6, 2019 Plaintiff Jacqueline McKenna was heading out of her office on the second floor of Defendants' building on 303 West Foothill Blvd. in Glendora. While Plaintiff was descending the stairs, one of the top steps on the second floor gave out beneath her. The Plaintiff then plummeted to the ground, landing on a planter beneath the stairwell. Plaintiff was taken by ambulance to the Pomona Valley Hospital, where she was categorized as a "Level II" trauma and quickly admitted to the ICU in critical condition for life-threatening traumatic injuries. While at the hospital, Plaintiff endured numerous medical procedures, including a tube thoracostomy that drained approximately 700 cubic centimeters of blood that had pooled in her chest. Plaintiff was finally discharged from the hospital on June 15, 2019 with a diagnosis that noted multiple fractures of several ribs, traumatic pneumothorax, blunt chest trauma, leukocytosis, traumatic hemothorax, and a back injury.

Since the fall, Plaintiff continues to suffer from diminished pulmonary function, rib fractures with nonunion, shortness of breath, sleep apnea, and hemopneumothorax. She also experiences continued pain in her hands and arms which limit her ability to work as an aesthetician.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that her fall was the direct result of Defendants' negligence in maintaining the staircase of their building. Plaintiff additionally contended that her aforementioned symptoms and inability to work were caused by the injuries she suffered as a result of her fall.

DEFENDANT'S CONTENTIONS: Defendants contested the extent of damages. Defendants contended that plaintiff's morbid obesity and asthma were the cause of her sleep apnea, and her claims she was unable to do hang-gliding and other physical activities she never engaged in before were misplaced. Her claim of a half a million dollars in loss of earnings was belied by the fact she was an eyelash esthetician earning $20K per year. Further, Plaintiff was involved in a 2021 auto accident which was the cause of some of her claimed residual injuries and formed the basis of her life care plan

Result

Following mediation with Judicate West, Defendants agreed to settle the case with Plaintiffs for $1 million.


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