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Slip and Fall at “Open House”

$290,000 – Personal Injury

Facts

The plaintiff slipped and fell on a tiled entryway at a realtor’s “open house” after being instructed to wear Tyvek booties and suffered numerous injuries.

Mrs. T sued the realtor and the homeowners for her injuries and her husband sued for loss of consortium. Mrs. T and her husband visited a real estate “open house” in Solana Beach, California. The owners retained the Willis Allen Company to show the house for the purposes of sale. Mr. and Mrs. T were instructed to wear plastic, over-the-shoe booties in the home because the carpets were wet from shampooing. Mrs. T fell as she descended the steps when she placed her foot on the tiled entryway. Her right foot shot almost straight up into the air and caused her other foot to also leave the ground. She tried to break the fall with her left arm, then hit her arm and shoulder on the last step of the stairway. When her right arm and shoulder hit the step, her upper body, head, and her neck snapped backward.

Allegations/Contentions

The plaintiffs contended that the defendants knew or should have known they had created a dangerous condition when they required visitors to wear booties. The plaintiff wife asserted that the fall at the defendants’ home was the cause of all her debilitating injuries.

The defendants contended that the plaintiffs assumed the risk, that any danger was open and obvious. They disputed the nature and extent of the plaintiff’s claimed injuries.

Injuries/Damages

The plaintiff wife had a disk protrusion to the right at C5/6 and to the left at C4/5. She also claimed left neck and shoulder pain with symptomatic left thoracic outlet syndrome and neuromuscular symptoms in the left face, neck, shoulder and arm. She had decreased left cervical and left shoulder range of motion and strength with radicular pain to her left upper extremity and facial region, skeletal dysfunctions in cervical thoracic and rib region and possible facet denervation. She also experienced symptoms of left facial laxity and TMJ and lastly has been treated for depression related to the physical problems.

She claimed $66,161 in past medical costs and $35,000 for future medical costs. Additionally, the plaintiff husband claimed a loss of consortium for an unspecified amount.

Special Notes

The parties settled for $290,000. The owners paid $75,000 and the realtor and real estate company paid $215,000.


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