Defense says injuries are exaggerated and plaintiff over-treated.
Law Offices of Daniel J. Williams by Daniel J. Williams, San Diego.
Santa Cruz, Brownwood & Cannon by Sylvia S. Aceves, San Diego.
Richard Brown, M.D., orthopedic surgery, La Jolla.
David G. Smith, M.D., orthopedic surgery, San Diego.
Plaintiff alleged that on or about February 4, 2015 she slipped and fell on wet paint outside the Point Loma Plaza shopping center located at 3689 Midway Drive in San Diego. The paint that caused plaintiff to slip was a red "fire-lane" stripe that had recently been applied by defendant Sal Concha Painting, Inc. There were no cones, signs or warnings in the area where the plaintiff fell.
On February 4, 2015, plaintiff saw her primary care doctor who diagnosed her with a contusion to her left hand and left knee. About three weeks later she saw hand specialist Dr. Richard Brown, who gave her an injection to her left hand. She did not see Dr. Brown again until three years later. He ordered an MRI which was normal other than osteoarthritis in her left index finger near her fingernail. Her treatment for the fall consisted of no more than five doctor appointments.
That defendants were negligent in causing the accident which injured plaintiff.
Defendants admitted liability for the accident but disputed the nature and extent of plaintiff's injuries. Defendant's expert opined that the plaintiff has sustained a soft-tissue injury to her left hand that should have resolved within 2-3 weeks of the fall. Defendants also disputed plaintiff's claimed past and future lost earnings. Defendants relied on plaintiff's testimony that she did an average of five facials a day prior to the fall, which was not supported by the documents she produced in discovery.
Plaintiff is an esthetician and alleged injuries to her left hand and left knee as a result of the fall. Her left knee resolved.
However, plaintiff alleged ongoing pain to her left hand which limited the number of facials she could do for the rest of her life. She claimed loss of earnings, loss of profits and future loss of earnings as a result of the fall. She further alleged that, according to Dr. Brown, she may need to undergo PRP injections, laser treatments and potentially surgery in the future. According to plaintiff's expert, Dr. Brown, there is small scar tissue in the plaintiff's knuckle on the left index finger which would not show up on an MRI.
Plaintiff also claimed past lost earnings, past lost profits, past economic damages (hiring of a housekeeper); future lost profits, future lost earnings, future medical expenses, and future economic damages (hiring a housekeeper until retirement age).