Man trips over cord in hospital: Creation of unsafe condition: Torn meniscus: Verdict

Law Reporter, Apr 2004

Smith v. Midway Hasp., Cal., Los Angeles County Super. Ct., No. BC 238 434, Oct. 2, 2003.

Smith, 52, was walking to the nurses' station in a hospital. He tripped over a vacuum cleaner cord that was lying across the hallway and fell on his knee. He suffered a torn meniscus, requiring arthroscopic surgery and three months of physical therapy. His past medical expenses were approximately $80,000, $10,000 of which was paid by Medicare. His future medical expenses are estimated at $10,000. A retiree, Smith continues to require a knee brace and cane to walk.

Smith sued the hospital and the maintenance company that was responsible for the vacuuming, alleging negligence in creating an unsafe condition by leaving the cord lying in the hallway. Defendants contended plaintiff was exaggerating his injuries.

A jury awarded approximately $150,000. After trial, the court awarded plaintiff litigation costs totaling about $18,000. A hearing is scheduled on plaintiff's motion to augment the judgment to include $45,000 in prejudgment interest.

Plaintiff's experts in this case were Martin Balaban, safety engineering, Encino, Cal.; and Harold Markowitz, orthopedics, Century City, Cal.

Defendant's experts were James London, orthopedics, San Pedro, Cal.; and Ned Wolfe, safety, Long Beach, Cal.

Plaintiff's Counsel

Eugene L. Kusion, Redondo Beach, Cal.