Defense Verdict in Personal Injury Case against Shopping Center

March 12, 2013

A Bakersfield jury returned a defense verdict in a premises liability case handled by Joseph Kang for defendant Tehachapi Towne Center, LLC.

In Betty Ramirez v. Tehachapi Towne Center, LLC, the plaintiff alleged personal injury, general negligence and premises liability after tripping and falling on the flared side of the handicap ramp near the entrance of a store located in the shopping center. Ms. Ramirez alleged that the shopping center carelessly and negligently owned, controlled, inspected and maintained a storefront to allow an apparent and obvious dangerous condition to exist. She claimed that the storefront impeded and obstructed simple walking in the area adjacent to the handicapped parking space.

The defendant contended that the storefront condition was open and obvious, that the plaintiff was inattentive, and there was no notice any dangerous conditions.

Medical specials totaled over $59,500 including a rotator cuff surgery, left hand surgery, a fractured jaw, replacement of teeth, facial contusions and physical therapy.

The jury returned an 11-1 verdict in favor of the defense.