Colomba Osorio v. Sierra Creek Pool and Spas Corporation et al
Case Background
On May 31, 2022, Colomba Osorio, an elderly housekeeper filed a premises liability lawsuit after she fell into an unsupervised and unmarked large hole covered by a thin plywood dug at the residence where she worked. The case was filed in theCause
On June 8, 2020, Colomba Osorio, a 64-year-old housekeeper, fell into a deep trench in the backyard of Amir Malekghassemi's home. The trench had been dug earlier by Sierra Creek Pool and Spas as part of a construction project to build a patio cover. Osorio had been cleaning the Malekghassemi home twice a week for some time. Upon arriving that day, she found the front door locked and decided to enter through the back, as she usually did. Osorio knew about the ongoing construction on the property. In the backyard, Osorio found a large piece of thin plywood covering the trench, located just outside the sliding back door. She testified that there were no warning signs, cones, or other markers around the plywood to indicate danger. Believing the plywood was leftover debris from the construction, Osorio thought it could pose a tripping hazard. She attempted to move it to a safer location. As she lifted the plywood and stepped forward to slide it aside, her view was blocked. She immediately fell into the trench below.Injury
Osorio suffered fractures to four of the five metatarsals in her left foot and a fractured heel, which ultimately required a subtalar joint fusion. After the fall, she was taken to the emergency room, where X-rays revealed multiple fractures in her foot and heel. She was placed in a splint, given pain medication, and advised to see an orthopedist. An orthopedic surgeon recommended letting her heel fracture heal before deciding if a subtalar joint fusion was necessary, depending on her ongoing symptoms.
Osorio experienced limited movement, pain, and swelling, requiring the use of CAM boots and physical therapy. Despite this conservative treatment, she sought further help from podiatric pain specialists, who administered two injections. The injections provided only temporary relief, leading Osorio to reconsider surgery.
In July 2022, a podiatric surgeon reviewed updated X-rays, a CT scan, and an ultrasound, discovering severe arthritis in her subtalar joint. The surgeon recommended a subtalar joint fusion, which Osorio underwent on November 11, 2022.
Although the surgery improved her pain and mobility, Osorio continued to experience discomfort.
Damages
Osorio requested $123,837 for past medical expenses and $20,000 for future medical costs. She also sought compensation for past lost earnings, ranging from $70,000 to $84,000. In addition, Osorio aimed to recover damages for both her past and future pain and suffering.
Key Arguments and Proceedings
Legal Representation
- Plaintiff(s): Colomba Osorio
- Counsel for Plaintiff(s): P. Christopher Ardalan | Jacqueline Weintraub
- Experts for Plaintiff(s): Tye J. Ouzounian, M.D. | Scott Cohen | Susan P. Bleecker, C.P.A.
- Defendant(s): Sierra Creek Pool and Spas Corporation | Amir Malekghassemi as trustee of the Malek Family Trust | Amir Malekghassemi
- Counsel for Defendant(s): Karen Tang Milligan | Grant D. Waterkotte | Tristan A. Mullis
- Experts for Defendant(s): Paul V. Kushner | David A. Stern | Gidon R. Vardi | Laura Fuchs Dolan | Carlos A. Uquillas | Michael Villalba
Claims
Osorio claimed that Sierra Creek Pool and Spas Corporation had been negligent in supervising the property. She also argued that Malekghassemi, as the property owner, was responsible for failing to warn her and for maintaining a dangerous condition. Osorio stated she was unaware that workers had dug a large trench near the back patio and covered it with plywood. She disputed the defendants' claims that caution tape had been placed around the plywood.Defense
Malekghassemi's defense argued that Osorio was not supposed to go around the back of the house. They stated that other entrances were available, and they had specifically instructed her to use them. The defense also claimed Osorio knew about the ongoing construction and should not have moved the plywood.
Sierra Creek's attorney contended that the defendants had taken all necessary safety precautions. They pointed out that building inspectors frequently visited the site, and the work was properly permitted. Sierra Creek also stated it had warned the homeowners about the open trench and advised them to avoid the area. They claimed to have posted a construction sign, placed caution tape around the plywood, and followed industry safety standards. The defense further argued that Osorio should not have moved the plywood or any materials in an active construction zone. They suggested that Osorio, not the defendants, had acted negligently.
