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Landmark settlement on behalf of LADWP’s ratepayers who were overbilled due to faulty implementation of a billing system.
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On June 8, 2011, plaintiff Yvette Gastelo, 35, a part-time photographer, was walking into the Costco Wholesale store at 6100 Sepulveda Blvd., in Van Nuys, CA. At that time, the store's restrooms were being remodeled and Costco had set up temporary porta potty stalls outside of the store to accommodate customers. While Gastelo was walking toward the store's entrance, a subcontractor was cleaning out a handicap porta potty stall that was positioned outside of the store's front entrance. However, as Gastelo was traversing the entrance path, she slipped and fell on a puddle of fluid. Gastelo sustained injuries to her lower back. Gastelo sued the premises owner, Costco Wholesale Corp. and the subcontractor that provided and maintained the porta potties, So Cal. Sanitation Inc. Gastelo alleged that So Cal. Sanitation failed to warn pedestrians that work was being done on the porta potty and failed to warn customers about the hazardous condition outside of the store. She further alleged that Costco was negligent and that it was vicariously liable for creating the unsafe condition. Gastelo claimed that she slipped on excess fluid that had leaked from the porta potty. Plaintiff's counsel argued that placing and cleaning the porta potty outside of the front of the store was unreasonable and unsafe. Counsel also argued that the defendants failed to warn customers that maintenance was being performed on the porta potty at the time of the incident. Plaintiff's counsel contended that the defendants should have displayed a caution sign near the porta potty to warn customers that it was being cleaned and to warn that the pavement could be wet and unsafe to walk on. Further, counsel contended that customers should have been diverted away from the area where the cleaning was being performed. The plaintiff's expert civil engineer opined that Gastelo slipped on a puddle of excess fluid. He opined that the puddle was not created by water and that the coefficient of friction for water would not have caused Gastelo to fall. Defense counsel argued that the liquid Gastelo slipped on was water and not excess fluid from the porta potty. He contended that the So Cal. Sanitation employee had used a hose to clean the porta potty and that water from the hose had pooled near the store's entrance. Counsel further contended that the maintenance work was obvious and that Gastelo should have seen the porta potty being cleaned. Thus, he argued that Gastelo was not paying attention while entering the store and that Gastelo should have avoided the puddle of fluid. Defense counsel also challenged Gastelo's credibility, noting that Gastelo admitted that she saw the employee cleaning the unit with a hose and that Gastelo could not recall whether she saw the employee use the hose before or after she fell. Defense counsel argued that even if a warning sign had been in place, there was no guarantee that Gastelo would see it or abide by the warning. In addition, counsel argued that the plaintiff's expert engineer failed to provide an alternate location for the porta potty and that the defendants' placement of the porta potty was reasonable.
Injury:
Three days after the fall, Gastelo sought medical attention. She visited a chiropractor and an acupuncturist and complained that her lower back was painful. She subsequently treated her back pain conservatively with acupuncture and chiropractic adjustments, but she claimed her pain persisted and she was ultimately referred for an MRI. Gastelo then presented to an orthopedic surgeon and was diagnosed with an aggravation of a pre-existing pars defect, affecting the L5-S1 level of her lower spine. Four years after the incident, in June 2015, Gastelo underwent anterior and posterior lumbar fusion surgery with the placement of instrumentation at the L5-S1 level. The plaintiff's expert orthopedic surgeon opined that, prior to the incident, Gastelo had an asymptomatic pars defect that became symptomatic as a result of the fall. He further opined that Gastelo would not have required fusion surgery if the accident did not occur. Thus, Gastelo sought recovery of damages for her past pain and suffering, as well as recovery of future medical expenses. She also sought recovery of $4 million in damages for her future pain and suffering, $354,000 for her past medical costs, and $50,000 for her past lost wages. Defense counsel contended that the plaintiff's treating orthopedic surgeon admitted to overcharging Gastelo for medical services. Thus, defense counsel argued that Gastelo's treatment was not as expensive as she claimed. The defense's expert orthopedist opined that Gastelo was exaggerating the extent of her injuries and that Gastelo's treatment was excessive. The expert also opined that Gastelo's back's condition was not causally related to the June 8, 2011 accident.
Result:
The jury found that Costco Wholesale was negligent in its maintenance of the property, that So Cal. Sanitation was negligent in failing to warn about the work being done on the porta potty, and that Gastelo was negligent for failing to keep a proper lookout. As a result, the jury apportioned 50 percent liability to So Cal. Sanitation, 40 percent liability to Costco Wholesale, and 10 percent liability to Gastelo. The jury determined that Gastelo's damages totaled $2,856,000.
Link to Verdict Search story:
http://verdictsearch.com/verdict/customer-claimed-back-injury-from-slip-on-porta-potty-liquid/
A defective bistro set chair collapsed under Mr. Flynn who was testing it out while at defendant’s store. He suffered neck and shoulder injuries that were further aggravated in a rear-end automobile collision a year after the fall from the chair. LG SOURCING admitted fault but argued at trial that the injury to the neck, that required surgery, was caused by the subsequent automobile collision. The insurance company for the at-fault driver in the auto accident settled for policy limits prior to start of trial. The jury awarded Mr. Flynn $1,415,000.00.
Married woman was thrown off a defectively designed and maintained snowmobile head on into a tree suffering serious injuries.
Widow in her 70’s slipped and fell in a restaurant while a restaurant employee was mopping the floor. Defendant alleged the widow failed to see a yellow warning cone.
Woman in her 70’s, afflicted for many decades with progressive Multiple Sclerosis (MS), was exiting a Vons store while pushing a shopping cart. Her walker was folded in the cart when a negligent store employee pulled the cart away from her causing her to fall to the ground. She suffered dead trauma superimposed on her MS.
Woman in her late 30’s was T-boned while she was making a left turn against a red light by a speeding car. She suffered neck and back injuries which were further aggravated in a subsequent rear-end automobile collision. She was treated mainly by chiropractors and received epidural shots.
Elderly woman slipped on a puddle of water and fell on a wood deck immediately above a pool deck on a luxury cruise ship. She fractured her hip and was airlifted to a hospital where she underwent hip surgery. Plaintiff alleged that the deck was dangerously defective and defendants knew about it long before the plaintiff fell but did nothing to address the defect.
MILLIONS OF DOLLARS RECOVERED ON BEHALF OF INJURED CLIENTS IN PRIOR YEARS…STAY TUNED FOR UPDATES ON OUR WINNINGS…
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