Slip and fall on carpet still damp from cleaning is to blame; the extent of the head injury is disputed.
Jessica Vu, 38, was a counselor for autistic children in an office in Hermosa Beach. Plaintiff was studying late for her license credential exam in the office on August 29, 2016. The defendants, a carpet-cleaning team working for DFS Flooring Inc. were hired by 2447 PCH LLC and Mar Ventures Inc. as property managers and building owners. They arrived that evening and cleaned the hallways in the common areas, just as they had been scheduled. The carpet cleaning was scheduled for the following day after plaintiff received written notice from Mar Ventures Inc. and two of her coworkers. Plaintiff walked on the alleged wet floor, which had been vacuumed almost two hours prior, as he left the building at 8:00 p.m. and then opened the door to the staircase, where he found an epoxy landing. Plaintiff claimed that the epoxy landing was not grip-and-slip resistant and had just been installed. Plaintiff claimed she fell on epoxy and fell down a flight stairs, hitting her head against concrete steps. Plaintiff drove home from the fall, and she went to urgent care the following day. Doctors diagnosed her with a serious head injury. Within 48 hours she started to experience headaches and cognitive problems. Plaintiff claimed that her cognitive and mental abilities had declined over the following weeks. She was forced to quit her job and return to Florida, where she grew up. Plaintiff claimed that six years after her slip, she still suffers from memory problems, executive function issues, fatigue, headaches and dizziness. Her brain injury has also caused her anxiety and emotional problems.
Case Details
- Case Name: Jessica Vu v. 2447 Pacific Coast Highway LLC, et al.
- Court and case number: Los Angeles County Superior Court/BC650966
- Judgment or Verdict Date: Thursday, April 21, 2022
- Date Action Filed:Friday February 17, 2017
- Types of Action: Premises Liability and Slip and Fall
- Judge/Arbitrator(s),Hon. Frederick C. Shaller
- Plaintiffs: Jessica Vu
- Defendants:2447 Pacific Coast Highway LLCMar Ventures, Inc.DFS Flooring, Inc.
- Type:Jury Verdict
Verdict and Settlement
- Award or Gross Verdict:$12 211 641
- Economic DamagesPast earnings/earnings loss: $93,147Future earnings loss/earning potential: $1,700,000.Future medical expenses: $418.494
- Non-Economic Damages:Past non-economic damages, including mental and physical suffering,: $1.500,000Future non-economic damages, including mental and physical suffering, $8.500,000
- Arbitration or Trial Time:3 Weeks
“Personal Injury Lawyers
- Attorney for the PlaintiffSanta Monica, Greene Broillet & Wheeler LLP, Aaron Osten and Alan Van Gelder.
- Advocate for the DefendantEsther Holm, Costa Mesa. Lewis Brisbois Bisgaard & Smith LLP. (For DFS Flooring, Inc.Bradley and Gmelich, Lena Marderosian of Glendale (For DFS Flooring, Inc.Procter Shyer, Lisa Shyer and Veronica Webb Camarillo. (For 2447 PCH or Mar Ventures.
Expert Witnesses
- Plaintiff’s Medical Expert(s).Marisa Chang, M.D. ; neurology, Santa Monica. (Treater.)Len Matheson, Ph.D., neurorehabilitation psychology/vocational rehabilitation. (Treater.)
- The Medical Expert(s), Defendant: Ed Amos, M.D. ; neurology, Santa Monica. David LeChuga Ph.D., neuropsychology, Lake Forest.Nicolas Rose, M.D., orthopedics.
- The Technical Experts of Plaintiff: Carpet cleaning standards of care by Al Casas Rami Hashish is a biomechanics expert. Brad Avrit, accident reconstruction/slip testing. Peter Formuzis, economics.
- Technical Expert(s), Defendant: John Brault, biomechanics. Nik Kar; Engineering and Materials Testing. Alex Carpenter, architecture/general contracting. Mack Quan, engineering, slip testing, accident reconstruction.
Lawyers’ Closing Arguments
Plaintiff’s Contentions:The defendants did not properly clean the carpet and failed warn plaintiff about wet carpet. The defendants also installed an epoxy flooring with inconsistent grit/anti slip additive.The plaintiff fell and hit her head. This caused a traumatic brain Injury that left her unable to work. It also affected her personal life. She was unable to perform the job she had loved for many years. The science, testing, diagnosis of doctors, a comparison between pre-injury and post-injury performance and findings from advanced imaging studies/functional MRI all showed that the plaintiff suffered cognitive injuries over time. Although these damages are difficult to spot on the surface, they are very significant and require significant compensation.
Defendant’s Contentions:As the cleaning crew stated, the carpet plaintiff walked on before entering the stairs had been properly cleaned and dried before plaintiff could walk on it. The expert for defendants testified that he performed two tests to determine the drying times of an identical carpet exemplar. He also showed a video showing his testing, which revealed that the carpet dried in 30 minutes. The testimony of the carpet cleaners and the evidence that plaintiff was warned about wet carpets, and that plaintiff’s coworkers didn’t slip on epoxy, further supported the claim that plaintiff was aware of these warnings. The epoxy was correctly gritted and sufficiently slip-resistant, as both plaintiff’s and defendant’s experts confirmed. Plaintiff did not slip on epoxy landing. She slipped on concrete landing steps, which plaintiff’s coworkers witnessed.Plaintiff suffered a mild traumatic brain injury that resolved in a matter of months. Plaintiff’s anxiety and depression are poorly treated, something she has known since childhood.The plaintiff was not seriously injured because she was able travel with family and friends outside the country, eat at restaurants, work as receptionist, and even get married. The evidence and testimony of the plaintiff were insufficient to support damages. Additionally, the imaging studies relied on by plaintiff didn’t show any evidence of a TBI.
Personal Injuries and Damages
- Plaintiff claims physical injuriesTraumatic brain injury.
Special Damages
- Claimed Special Damages – Past Medical:Not sought
- Special Damages Claimed – Future Medical: 418,494
- Claimed Special Damages – Past Earnings:93.147
- Claimed Special Damages – Future Loss Earnings:1,700,000.
Demands and offers
- Defendant in SS998 Offer:$200,000 at 2447/Mar Ventures, $125,000 at DFS
Additional Notes
Cross claims of indemnity defendants were withdrawn from the main action. They will be dealt with separately through an agreed-upon private arbitration after the verdict has been issued.
Jessica Vu was found negligent by the jury, but her negligence was not considered a significant factor in her damages. Therefore, there was no reduction in comparative fault.
Insurer: Valley Forge/CNA DFS Flooring, Nationwide for 2447/Mar Ventures
