Slip and fall on tile stairway at medical building leads to claim of TBI. $2.6 million. Sonoma County.

Facts and Background

• Facts and Background:

  Around 9 a.m. on April 28, 2010, plaintiff Jack Tuttle, 50, a medical sales representative, slipped on the 2nd floor landing and fell two flights of stairs at a medical complex, Ukiah Valley Medical Center in Ukiah.  He was not holding onto the handrail when he slipped.  The medical complex was newly constructed, only 2½ years prior to the fall.  It rained for two days prior to and including the date of plaintiff's fall. Tuttle sustained injuries to his ankle, knee, shoulder, elbow and head.

• Plaintiff's Contentions:

  That the architectural design of the medical complex included an open atrium that allowed rain water to reach the central landing and stairwell, creating a slippery condition on Spanish tile.  In the construction of the medical building, the prefabricated stairwell did not fit without adjustments to its alignment, creating code violations on the landing and the stairs themselves so as to allow the ponding of rain water on the upper middle and lower landings of the central stairwell.  Further, that adhesive material on the toe of the individual stairs was excessively worn.  That defendant hospital had clear notice of the defects consequent to prior slip and falls on the tile in various locations of the building’s second floor.  Plaintiff contended that the handrail was not sufficiently extended on the upper landing and that plaintiff had attempted to reach for the handrail unsuccessfully.

• Defendant's Contentions:

  Prior to trial, defendants denied that rainwater reached either the landing or the central stairwell; they denied the plaintiff fell down the entire 2-story stairwell, contended that plaintiff was negligent in not watching where he was walking and in failure to use the handrail.

  Prior to trial, defendant denied any defects whatsoever in the stairwell or landing and denied any negligence in maintenance of the stairwell.  Defendant further denied there were any prior falls because of slippery tile. Also contended that plaintiff’s head was not injured in the fall. 

  At the commencement of trial, defendant hospital stipulated and admitted that they were negligent and that their negligence caused plaintiff’s fall, that there was no comparative negligence on the part of the plaintiff or any other party to the action.  

  Case was tried against the defendant hospital on damages alone.  Defense experts contended that there was no evidence the  plaintiff struck his head in the course of the fall, but if he did, he received only a minor concussion and no brain injury.  Defendant's neuropsychologist testified that his complaints of memory limitations, executive function compromise, and emotional anxiety were minor and passing.