Accidents can happen anywhere, even at places you visit regularly, like your doctor’s office. Knowing your rights and what steps to take after an accident can make a significant difference in your life.
Here’s a real-life story of Julio Cesar Pinzon Altamar, a 72-year-old immigrant, who won substantial compensation after a fall at his doctor’s office. This case highlights the importance of property safety and tenant rights.
The Incident
Julio Cesar Pinzon Altamar, a 72-year-old specialty food salesman and recent U.S. citizen, went to his doctor’s office to pick up a letter. On his way out, he stepped into a planter, lost his balance, and fell, hitting his head on his parked car. This fall resulted in severe neck injuries, requiring cervical fusion surgery. Despite being recently laid off, Julio had plans to work until he was 78 to support his youngest daughter.
The Legal Battle
Julio filed a lawsuit against his physician, Dr. Alonzo J. Flores, who owned the building where the incident occurred. The case was heard in the Orange County Superior Court before Judge Craig Griffin.
Case Name: Julio Cesar Pinzon Altamar v. Alonzo J. Flores Court and Case Number: Orange County Superior Court / 30-2013-00631827-CU-PO-CJC Verdict Date: February 7, 2014
The Verdict
After a five-day trial, the jury awarded Julio a gross verdict of $1,564,000. However, because Julio was found 50% at fault, the net verdict was reduced to $782,000. This case underscores that even if you share some responsibility for an accident, you can still receive significant compensation.
Key Points and Lessons Learned
- Premises Liability: Property owners are responsible for ensuring their premises are safe for visitors. In this case, the height difference between the walkway and the soil level in the planter created a tripping hazard.
- Comparative Negligence: Even if you are partially at fault for an accident, you can still recover damages. Julio was 50% at fault, yet he received a substantial award.
- Types of Compensation: Compensation can include economic damages (medical expenses and lost earnings) and non-economic damages (pain and suffering). Julio’s award covered both, reflecting the extensive impact of his injuries.
- Legal Representation: Effective legal representation can significantly impact the outcome of your case. Julio was represented by Robert Simon of the Simon Law Group and Michael Ghozland of the Ghozland Law Firm, who helped him navigate the complexities of his case and secure a favorable verdict.
The Experts
Plaintiff’s Medical Expert:
- Moshin Shah, M.D., Neurosurgery
Defendant’s Medical Expert:
- Michael Weinstein, M.D., Orthopedic
Plaintiff’s Technical Experts:
- Enrique Vega, M.S., CRC, CDMS, Vocational Rehabilitation
- Edward Garcia, Economics
- Brad Avrit, BSCE, Safety
Defendant’s Technical Experts:
- Jason Droll, Ph.D., Human Factors
- Matthew Phillippe, Construction Safety
Facts and Background
Julio’s fall resulted in a fracture at C1-C2, requiring cervical fusion surgery. He also experienced significant pain and required ongoing medical care. Despite his age, Julio had planned to continue working to support his family, which was taken into account when calculating his lost earnings.
Court Findings and Defendant’s Arguments
The court found that the planter presented a dangerous condition due to the height differential, which amounted to a tripping hazard. The defense argued that the planter was open and obvious and not inherently dangerous. However, the jury sided with Julio, recognizing the planter as a hazard that should have been addressed.
Demands and Offers
Julio initially demanded $899,000, later increasing his demand to $1,000,000 and finally to $500,000. The defense offered $10,000 initially, then $75,000 at the second mediation, and finally $135,000 during the trial. The jury’s verdict significantly exceeded these offers, emphasizing the importance of seeking fair compensation through the legal process.
Final Thoughts
This case serves as a powerful reminder of the rights consumers have in premises liability situations. Property owners must maintain safe environments, and injured parties should seek legal advice to ensure they receive fair compensation. Julio Cesar Pinzon Altamar’s case highlights the potential for substantial awards even when the injured party shares some fault.
Disclaimer: This information is sourced from Jury Verdict Alert.
