Immigrant (a new citizen) trips on a planter after visiting his doctor. He's 72 but says he would have worked until age 78. Liability is disputed and plaintiff served a CCP 998 offfer.
Past Medical: $140,000
Future medical: $200,000
Past Lost Wages: $24,000
Future Lost Wages: $200,000
Past Non-Economic: $200,00
Future Non-Economic: $800,000
Simon Law Group by Robert Simon, Los Angeles.
Ghozland Law Firm by Michael Ghozland, Los Angeles.
Law Offices of Melissa M. Ballard by Lynne Pearson Houry, Brea.
Moshin Shah, M.D., neurosurgery, Newport Beach.
Michael Weinstein, M.D., orthopedic, Newport Beach.
Enrique Vega, M.S., CRC, CDMS, vocational rehabilitation, Los Angeles.
Edward Garcia, economics, Pasadena.
Brad Avrit, BSCE, safety , Los Angeles.
Jason Droll, Ph.D., human factors.
Matthew Phillippe, construction safety, Crestline.
Plaintiff is a 72-year-old non-English speaker who recently became a citizen. He went to his doctor's office to pick up a letter. On the way out, he stepped down into a planter, fell forward, and hit his head on his parked car, injuring his neck and requiring a cervical fusion. He was recently laid off, but testified that his plan was to work until 78 years old, when his youngest daughter would turn 21 and he would no longer have to support her.
That the height differential between walkway and the soil level in the planter, which measured approximately 3 inches and higher in certain places, was a dangerous condition that amounted to a tripping hazard. Had the soil level in the planter been flush or even with the surrounding concrete, plaintiff would have not tripped.
That the planter was open and obvious and thus not a tripping hazard.
Fracture at C1-C2 that resulted in cervical fusion surgery.
Loss of earnings past and future.
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