Facts

Plaintiff Irina Top was a pharmacy intern doing a non-paid, six-week internship at Cedars-Sinai Medical Center. The carpets in her office had been cleaned the night before the accident, and she had been verbally warned by her supervisor to be careful. Fifteen to twenty minutes after the warning, she slipped and fell while exiting her office and stepping onto the tile floor, resulting in an elbow fracture.

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that numerous carpet care protocols were not followed, including the use of warnings signs and mats, and allowing proper time for carpet to dry.

DEFENDANT'S CONTENTIONS:
The defendants claimed that plaintiff had been adequately warned of the conditions. The defendants further contended that the forward fall onto her elbow and stomach was consistent with a trip and not a slip.

Settlement Discussions

The plaintiff demanded $500,000. The defense suggested a total of $300,000, but never formally offered. According to defense counsel: Plaintiff would not begin settlement negotiations until $500,000 was offered. The only firm demand given was $2 million.

Specials in Evidence

$14,000 (as per plaintiff's counsel); $41,690 (according to defense counsel); The plaintiff claimed approximately $700,000-$1.5 million. The defense contended minimal wage loss. $80,000

Injuries

Plaintiff suffered an elbow fracture, resulting in radial head implant in non-dominate arm. According to defense counsel: Plaintiff claimed the necessity for two future surgeries consisting of an ulnar nerve transposition surgery and surgery to replace the radial head implant. Plaintiff also claimed that her pain and discomfort is ongoing, severe, and constant. EMG tests were positive for nerve involvement.

Result

The jury found in favor of the plaintiff and awarded her a total of $2,214,190, consisting of $1,500,000 (non-economic), $592,500 (economic), $41,690 (past medical), $80,000 (future medical). The jury also found that plaintiff was 10 percent at fault. Defendant Crothall Services was found 50 percent at fault and Cedars 40 percent. Crothall Services managed, hired, and trained the Cedar's housekeeping staff.

Poll

10-2 (all issues except comparative fault), 9-3 (comparative fault)