In a recently filed complaint, Jodie Calderon has initiated legal action against LV-S Milpitas, LLC for personal injuries and damages. The complaint was filed on May 23, 2024, in the Superior Court of California, County of Santa Clara.
The incident in question occurred on July 8, 2022, at the premises located at 611 South Milpitas Boulevard, Milpitas, California. On that day, Calderon was performing her duties as a Medical Assistant for The Permanente Medical Group when she slipped and fell due to a puddle of water caused by an overflowing toilet or another leaking item on the property. According to the filing, Calderon alleges that LV-S Milpitas were negligent in maintaining the premises.
Calderon's complaint details that she and her employer were business invitees on the property and were acting with the knowledge and permission of the defendants. The plaintiff claims that the defendants failed to properly design, construct, control, maintain, inspect, or repair the premises, leading to a dangerous condition that resulted in her injuries. Specifically, it is alleged that "defendants so negligently, carelessly and recklessly designed, constructed, controlled, maintained, and/or repaired an overflowing toilet and/or other leaking item(s)/area(s)" which created a substantial risk of injury.
The plaintiff further asserts that the dangerous condition was foreseeable by the defendants who had retained control over the premises. Despite this knowledge or reasonable expectation of such conditions arising from their actions or inactions concerning maintenance and repairs of said facilities at 611 South Milpitas Boulevard. Calderon argues that there was an absence of necessary warnings about these hazards which directly led to her slipping incident.
As a result of this incident, Calderon sustained significant physical injuries affecting her health and ability to work. She has incurred medical expenses for treatment by physicians and surgeons and anticipates future medical costs related to ongoing care for her injuries. Additionally, she has suffered lost wages due to being unable to attend her usual occupation during recovery periods.
The complaint outlines two primary causes of action: negligence and premises liability. In both counts against all named defendants including LV-S Milpitas LLC., it is argued that their failure in duty-of-care responsibilities towards maintaining safe conditions led directly to Calderon's accident.
In terms of relief sought from this lawsuit; Jodie Calderon requests general damages according to proof presented during trial proceedings along with compensation for medical expenses incurred thus far plus anticipated future costs related thereto; lost wages past & future due inability perform regular job functions post-injury period; prejudgment interest as per applicable laws governing such cases; court costs associated with bringing forth this suit alongside any other relief deemed just & proper under circumstances presented herein.
Representing Jodie Calderon are attorneys Eric S. Ritigstein (SBN249026) & Gary B Roth (SBN248031) from Boxer & Gerson LLP based out Oakland CA while presiding over case number 24CV439747 will be judges appointed within jurisdictional purview Superior Court State California County Santa Clara