Woman slips on masonite squares left in hallway: Failure to secure squares: Ankle fracture: Arthritis: Settlement

Law Reporter, Jun 2003

Mikhael-Fard v. Diversified Moving Sys., Inc., Cal., Los Angeles County Super. Ct., No. PC 027789W, Sept. 3,2002.

Mikhael-Fard, 40, was helping her brother move when she slipped on a masonite square left in the hallway by the moving company. She sustained a complex fracture-dislocation of her right ankle, requiring surgery. She continues to suffer from degenerative arthritis in her ankle and will require future surgeries. Her medical expenses totaled $60,000, and her future medical expenses are projected at $35,000. An office manager earning $900 per week, Mikhael-Fard has not been able to return to work since the incident.

Mikhael-Fard sued the moving company, alleging negligence in failing to secure the masonite squares to the floor with tape according to industry practice. Defendants alleged that the owner of the premises asked its employees not to tape the squares, and also alleged comparative negligence in that the masonite square was obvious and plaintiff did not check to make sure it was secure before stepping on it.

The parties settled during trial for $500,000.

Plaintiffs experts included Tye J. Ouzounian, orthopedic surgery, Tarzana, Cal.; and H. Ronald Fisk, neurology; John Brault, biomechanical engineering; Thomaz Gunzler, safety engineering; and Larry Lindsey, industry custom and practice, all of Los Angeles, Cal. Defendants' expert witnesses were Richard Rosenberg, orthopedic surgery, Tarzana, CaL, and Gene Bruno, vocational rehabilitation, Los Angeles, Cal.

Plaintiff's Counsel

*Andrew C. Bryman, Calabasas, Cal.