Trip-and-fall at House of Blues results in elbow injury, chronic pain. $700,000. Los Angeles County.

Summary

Restaurant/night club installs trench cover on sidewalk, patron trips on raised edge of cover. $175,000 pretrial offer from defense.

Gross Verdict or Award: $700,000
Net Verdict or Award: $700,000
Contributory/Comparative Negligence: 0
Economic Damages:
Wage Loss: $18,000

Past Medical Expenses: $75,000

Future Medical Expenses: $7,000

Total: $100,000
Non-Economic Damages:
Past Pain and Suffering: $50,000

Future Pain and Suffering: $550,000

Total: $600,000
Trial or Arbitration Time: 7 days
Jury Deliberation Time: 35 minutes
Jury Polls: 10-2 for plaintiff

Attorney for the Plaintiff:
Ariel Law Group by Scott A. Kennedy (Of Counsel), Los Angeles.
Attorney for the Defendant:
Hewitt & Truszkowski by Henry Truszkowski, North Hollywood.

Plaintiff’s Medical Experts:
Stuart Gold, M.D., orthopedic surgery, Torrance.
Defendant's Medical Experts:
Scott Foreman, M.D., orthopedic surgery, Newport Beach.
Plaintiff's Technical Experts:
Brad Averit, PE, civil engineering, Marina del Rey.
Defendant's Technical Experts:
Kenneth Solomon, Ph.D., civil engineering, Woodland Hills.

Facts and Background:
Plaintiff attended a concert at the House of Blues on Sunset Boulevard. When plaintiff and a friend walked outside for a break, plaintiff tripped and fell over a metal trench cover installed in the walkway by defendant. The metal trench cover had an exposed edge that was raised approximately one inch off the walkway and caught plaintiff's foot as she walked by it. Plaintiff fell and suffered a fractured radial head of the left elbow.
Plaintiff's Contentions:
That defendant, House of Blues, negligently maintained the metal trench cover and failed to inspect it despite having to repair it two to three times before the date of plaintiff's fall.
Defendant's Contentions:
That the metal trench cover was in a reasonably safe condition and was a trivial defect that plaintiff should have seen.

Physical Injuries claimed by Plaintiff:
Comminuted and intra-articular fracture of the radial head of the left elbow that required three surgeries to repair. Plaintiff will need a nerve release surgery in the future and will have pain for the rest of her life.