Tina Aslmand v. Westfield, LLC dba Century City Mall, LLC
Published: Sep. 10, 2011 | Result Date: Jul. 27, 2011 | Filing Date: Jan. 1, 1900 |Case number: SC106665 Verdict – Defense
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Ron A. Rosen Janfaza
(Law Offices of Ron A. Rosen Janfaza)
Defendant
Sean D. Beatty
(Beatty & Myers LLP)
Maija Olivia
(Beatty & Myers)
Experts
Plaintiff
Carl Lauryssen
(medical)
Bahman Omrani
(medical)
Carl A. Beels
(technical)
Daniel M. Rude
(medical)
Jon B. Greenfield M.D.
(medical)
Defendant
John V. Crues III
(medical)
John R. Brault M.S.
(technical)
Facts
Plaintiff Tina Aslmand, 28, alleged that she slipped and fell on wet concrete at the Century City Mall on Feb. 3, 2008. She landed on her back/buttock and had severe pain in her tailbone and throughout her entire back, shoulders, wrists, arms, elbows, and neck. She noticed that the section of concrete that she slipped on was much smoother and more slippery than the surrounding concrete.
Settlement Discussions
Plaintiff demanded $350,000. Defendant made a CCP 998 offer of $2,501.
Specials in Evidence
$13,413
Damages
Plaintiff alleged that she will need lumbar spine surgery in the future, which will cost $125,000 to $150,000.
Injuries
Paramedics were summoned and plaintiff was taken to Century City Hospital by ambulance. Tests were performed and plaintiff was released. The following day, plaintiff sought medical treatment with chiropractor Dr. Daniel Rude. She then had a number of MRIs and x-rays taken on Feb. 7, 2008. The lumbar MRI showed a 3 mm disc bulge at L5-S1. Plaintiff then went to orthopedic Dr. Jon Greenfield on Feb. 18, 2008, with complaints of neck and lower back pain. Greenfield confirmed the 2 to 3 mm disc bulge (L5-S1) and recommended neck and back therapy. Plaintiff had physical therapy for about four months. However, she claimed that her condition did not improve and she was still experiencing severe lower back pain. She went to neurosurgeon, Dr. Carl Lauryssen. He found another 3 mm disc bulge at L4-5 and the L5-S1 disc had collapsed. He initially prescribed more physical therapy and medication but when that did not work, he recommended a two-level fusion surgery with an estimated $125,000-$150,000 cost.
Result
Defense verdict.
Other Information
Defendant has filed a cost bill of $28,922.
Deliberation
15 minutes
Poll
12-0 (defense)
Length
eight days
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