Omar Bautista vs. Rapto Divino Asamblea De Dios
Aug 24, 2015OUTCOME: Settlement: $250,000.00
Premises Liability Case Fall through attic The plaintiff was asked by the Pastor, Agustin Perez, to go up into the church attic to replace a cable for the sound system. Plaintiff had never been in an ... attic prior to the date of the incident. The attic space was very dark as there was no source of light in the attic. Plaintiff was walking around the attic on the wooden joists searching for the cable that he was to replace. Plaintiff was unable to walk upright due to the low hanging roof and therefore had to walk through the attic area squatting and hunched over while holding his phone light in an attempt to illuminate the area. Since it was very hard to walk and see in the attic it caused plaintiff to lose his footing on the wooden joists at which point he made contact with the sheetrock ceiling causing the ceiling to cave in. Plaintiff then fell through the attic approximately 10 feet onto the ground. The plaintiff was transported by ambulance to the emergency room at Saint Agnes Medical Center where he was diagnosed with a minor right forehead contusion; left hip contusion; lumbar stain and ruptured discs at L4-L5 and L5-S1. He had a CT scan of his lumbar spine which showed a 5 mm disc protrusion at L4-5 resulting in mild spinal stenosis and a larger 7 to 8 mm disc protrusion at L5-S1 with compression of the right side of thecal sac and compression of the right S1 nerve root. Plaintiff then followed up with his primary care doctor, Robert Jablonsky, M.D., who prescribed him pain medication and referred him to physical therapy. Plaintiff was also under the care of Frank L. Cantrell, M.D., Neurologist, for his low back pain complaints and associated radicular symptoms down his left hip and thigh. Dr. Cantrell had plaintiff undergo follow up MRI’s on November 4, 2014 and February 12, 2015, with both showing that his disc protrusions essentially were unchanged from the previous CT scan. Dr. Cantrell was of the opinion that plaintiff’s persistent disc protrusion would require surgical intervention in the future, specifically a discectomy and probable spinal fusion given the size of his disc protrusion. Medical Billings: $18,375.36; Paid amount: approximately $4,800.00. Life Care Plan: Future lumbar discectomy and fusion would cost $109,441.50