Ruoff

Ruoff v. Harbor Creek Community Assn.

Good Law
10 Cal. App. 4th 1624·13 Cal. Rptr. 2d 755·1992 Cal. App. LEXIS 1337·92 Daily Journal DAR 15485·92 Cal. Daily Op. Serv. 9322
Court of Appeal of CaliforniaNovember 18, 1992G011799California3,059 words

Opinion

Opinion

Sonenshine, J.

Martha Ruoff and Russell Ruoff, individually and as Martha’s conservator, challenge summary judgments entered in favor of various defendants in a suit arising out of Martha’s slip and fall on a stairway in the common area of the 152-unit Harbor Creek complex. Martha sustained catastrophic injuries. According to appellants, whose statement is uncontradicted by respondents, on August 9, 1988, Martha fell backwards, landing at the bottom of the stairs, her foot wedged in a gap between the side of the building and the edge of the stairs. Comatose and bleeding, she was taken to Mission Hospital and admitted to the intensive care unit (ICU) where she was treated for multiple skull fractures. Due to complications, she underwent partial amputation of her left thumb, index and middle fingers. A month after the accident, a percutaneous endoscopic gastrostomy (insertion of a feeding tube in the stomach) was performed. The following month, a lumbo-peritoneal shunt was inserted in her spine for draining fluids. Martha remained in a coma. A tracheotomy tube inserted at the time of the accident was not removed for two and one-half months. Released from Mission Hospital after 107 days in…

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