Facts

On July 17, 2014, at 12 p.m., Agustin Perez, a pastor at Rapto Divino Asambleas De Dios, asked plaintiff Omar Bautista, an 18-year-old student, to go up into the church attic to replace a cable for the sound system. Plaintiff then fell through the attic approximately 10 feet onto the ground. Plaintiff filed suit against the defendant church.

PLAINTIFF'S CONTENTIONS:
Plaintiff had never been in an attic prior to the date of the incident. The attic space was very dark as there was no source of light in the attic. Plaintiff was walking around the attic on the wooden joists searching for the cable that he was to replace. Plaintiff was unable to walk upright due to the low hanging roof and therefore had to walk through the attic area squatting and hunched over while holding his telephone light in an attempt to illuminate the area. Plaintiff lost his footing on the wooden joists at which point he made contact with the sheet rock ceiling causing the ceiling to cave in.

DEFENDANT'S CONTENTIONS:
Defendant contended that Bautista was warned by the pastor about the attic's condition prior to him entering it and was told to be careful and make sure he walked on the wooden joists. Defendant argued that the attic was an open and obvious condition and that Bautista was comparatively at fault. Defendant disputed Bautista's need for future surgery through their IME doctor, Alice Martinson.

Specials in Evidence

$18,375.36; Paid amount: approximately $4,800 $109,442 for future lumbar discectomy and fusion

Injuries

Plaintiff was transported by ambulance to the emergency room at Saint Agnes Medical Center where he was diagnosed with a minor right forehead contusion, left hip contusion, lumbar stain and ruptured discs at L4-5, and L5-S1. He had a CT scan of his lumbar spine, which showed a 5-millmeter protrusion at L4-5 resulting in mild spinal stenosis and a larger 7-8 millimeter disc protrusion at L5-S1 with compression of the right side of the thecal sac and compression of the right S1 nerve foot. Plaintiff followed up with his primary care doctor, who prescribed him pain medication and referred him to physical therapy. Plaintiff was also under the care of Frank L. Cantrell, M.D., a neurologist, for his low back pain complaints and associated radicular symptoms down his left hip and thigh. Dr. Cantrell had plaintiff undergo follow up MRI's on November 4, 2014 and February 12, 2015, with both showing that his disc protrusions essentially were unchanged from the previous CT scan. Dr. Cantrell was of the opinion that plaintiff's persistent disc protrusion would require surgical intervention at some point in the future, specifically a discectomy and probable spinal fusion given the size of his disc protrusion.

Result

The case settled for $250,000.

Other Information

FILING DATE: Nov. 21, 2014.