Broken ankle leads to CRPS after slip/fall on wet walkway. $2.9M. Los Angeles County.

Summary

Liability is denied until trial.

The Case

Case Name: Chip Brown v. ICO Development LLC, et al.
Court and Case Number: Los Angeles Superior Court / 22STCV09464
Date of Verdict or Judgment: Thursday, June 12, 2025
Date Action was Filed: Thursday, March 17, 2022
Type of Case: Premises Liability, Slip and Fall
Judge or Arbitrator(s): Hon. Eric Harmon
Plaintiffs:
Chip Brown, 50
Defendants:
ICO Development LLC
Main Mercantile LLC
Type of Result: Jury Verdict

The Result

Gross Verdict or Award: $2,920,000
Net Verdict or Award: $2,336,000
Contributory/Comparative Negligence: 20% comp negligence to plaintiff
Economic Damages:
Future: $300,000
Non-Economic Damages:
Past: $620,000

Future: $2,000,000
Trial or Arbitration Time: 15 days
Jury Deliberation Time: 5 1/2 hours

The Attorneys

Attorney for the Plaintiff:
Kramer Trial Lawyers by Daniel Kramer and Teresa Johnson, Los Angeles.

Gould & Jefferson, LLP by Nathan Soleimani, Beverly Hills.
Attorney for the Defendant:
Lewis Brisbois by Demian Casey and David Shapiro, Los Angeles.

The Experts

Plaintiff's Medical Expert(s):
Farzin Kabaei, M.D., orthopedic surgery.

Lara Edinger, M.D., CRPS.

Jan Roughan, life care planning.
Defendant's Medical Expert(s):
Russell Nelson, M.D., spine surgery.

Tye Ouzounian, M.D., orthopedic surgery.

Gabriel Barnard, M.D., CRPS.

Amy Sutton, life care planning.
Plaintiff's Technical Expert(s):
None.
Defendant's Technical Expert(s):
Mark Blanchette, liability.

Facts and Background

Facts and Background:
On March 8, 2021, plaintiff, age 50, slipped and fell on a ramp outside of an apartment complex located in downtown Los Angeles. The apartment complex was owned and managed by defendants ICO Development LLC and Main Mercantile, LLC. At the time of the incident, one of defendants’ employees was power-washing the front of the building and did not put out wet floor signs.

When plaintiff fell, he suffered a pilon fracture of his left ankle, requiring an extensive open reduction internal fixation procedure. Ultimately, he developed Complex Regional Pain Syndrome for which he continues to treat to this day.
Plaintiff's Contentions:
That the ramp where plaintiff slipped and fell was slippery when wet and that he had no way to anticipate that it was wet until he encountered it due to the lack of wet floor signs.

Plaintiff argued that after his fracture and surgery, he developed Complex Regional Pain Syndrome with symptoms appearing within a month of the initial injury. Plaintiff was diagnosed within eight months of the incident and the diagnosis was confirmed by subsequent providers. Plaintiff then underwent treatments such as medications, spinal block, ketamine infusions and lidocaine infusions to treat his Complex Regional Pain Syndrome with limited success.
Defendant's Contentions:
Defendants disputed liability until the start of trial. Defendants then acknowledged some liability and asked for a split verdict on liability.

Defendants argued that plaintiff was at fault for the fall for wearing Crocs footwear, which defendant contended were not safe to wear, and that he should have been paying more attention to his surroundings.

Defendants argued plaintiff suffered a bad ankle fracture and pre-existing lumbar disc herniation that accounted for his pain and that the only future care that plaintiff would need was an ankle fusion or replacement surgery at an estimated $65,000.

Injuries and Other Damages

Physical Injuries claimed by Plaintiff:
Pilon fracture of left ankle, requiring an extensive open reduction internal fixation procedure; Complex Regional Pain Syndrome for which he continues to treat to this day.

Demands and Offers

Plaintiff §998 Demand: $5,500,000 on 9/21/22
Defendant §998 Offer: $1,500,000 on 8/31/23

Additional Notes

Insurer: Fireman's Fund/Allianz

Per defense counsel:

Plaintiff asked for a total verdict of: $49,448,768 based on their claim of Chronic Regional Pain Syndrome (“CRPS”).

Defendants requested a verdict of $500,000 for past pain and suffering and $500,000 for future pain and suffering.