After watching a meteor shower over mountain skies, a guest slips and falls on hotel lobby floor that was just mopped. This was not his first slip and fall.
Past medical expenses: $83,553.41.
Future medical expenses: $25,000
$100,000
Bissell Law Corporation by Todd S. Bissell, Folsom.
Harris & Yempuku by Victoria Yamamoto, Sacramento.
Kevin Hansen, M.D., orthopedic surgery, Roseville.
Daniel Dunlevy, M.D., physical medicine, Citrus Heights. (Treating physician.)
Vince Hoffart, D.C., chiropractic, Rocklin. (Treating chiropractor.)
Peter Sfakianos, M.D., orthopedic surgery, Folsom.
None.
None.
On May 24, 2014 plaintiff was a guest at The Ritz-Carlton, Lake Tahoe in Truckee. He and his girlfriend were watching a meteor shower near the outside fire pit around 1:00 a.m. As they entered the hotel lobby and walked toward the elevator, plaintiff slipped on a wet floor that had just been mopped.
Defendant Ritz-Carlton had subcontracted the night janitorial services to defendant Landcorp Management Services, LLC, an Arizona corporation. Landcorp subcontracted those services to defendant Joas Services, LLC, a small housekeeping company from Reno, NV.
Defendant Jasmine Torres, the employee of Joas Services, had mopped the floor only minutes before plaintiff slipped. The incident was witnessed by Ritz-Carlton's security officer who was on patrol. He testified that there was a "wet floor" warning sign only a few feet away from where plaintiff slipped. He observed plaintiff hyper-extend his knee and transported plaintiff to the emergency room.
Plaintiff claimed soft-tissue back and neck injuries as well as an exacerbation of pre-existing knee symptoms, resulting in chiropractic and physical therapy treatment, and a total knee replacement performed by Dr. Hansen. Plaintiff denied seeing the "wet-floor" sign and contended that he was physically doing well from his pre-exisitng injuries at the time of this incident.
Plaintiff had six prior knee surgeries arising from a motorcycle accident as a teenager, a worker's compensation slip and fall 10 years later, and another slip and fall at a 7-11 store several years after that which resulted in litigation; also a second worker's compensation slip and fall at another job five years before the incident at the Ritz-Carlton.
Defendant argued that plaintiff had been drinking alcohol prior to his slipping at the Ritz-Carlton, that he should have seen the "wet-floor" sign that was right in front of him and that his knee condition was degenerative and unrelated to the incident at the Ritz-Carlton. Defendant denied liability for this accident.
Soft-tissue back and neck injuries as well as an exacerbation of pre-existing knee symptoms.
Dr. Hansen testified that because of plaintiff's age he would likely need the implant replaced at some point in his lifetime.
Plaintiff filed a motion for additur, attorney fees and costs of proof for defendants' refusal to admit liability in a Request for Admissions. The court denied the additur but granted the costs of proof motion, awarding plaintiff an additional $7,500 in fees and costs.
Per defense counsel:
Plaintiff asked the jury for $2,000,000 at trial.
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