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Rockney lived in an old Beverly Hills apartment complex. Rockney testified the date of the accident was on or about – Aug 25, 26, or Sept 25, 26, 2020, in his apartment building. While descending the ancient interior stairway he was wearing socks, but not shoes. He slipped and fell. There were no witnesses.
Rockney alleged in court the stairway was not up to code. His expert testified he did not run a “coefficient of friction” test. But he did say the stairway was dangerous because it was not up to the Beverly Hills building code.
The building owner’s expert testified that Beverly Hills did not adopt the Building Code until 1935. The city did have Ordinance 112, which Rockney’s expert identified, but that code was not applicable because it related to theaters after the infamous 1903 Iroquois Fire in Chicago. Bad expert.
Rockney’s medical doctors testified Rockney tore his ACL and had reconstructive surgery with Dr. Kenny Hanna. Defendant’s medical doctor claimed Rockney had prior ACL damage two months before this accident.
During trial Kenny Hanna, M.D. testified that he did not know what caused the knee injury. The court denied plaintiff’s request to qualify Dr. Hanna as an expert.
Result: Directed verdict in favor of defendant.
Rockney v. Abrahami et al.,
Judge David J. Cowan, Los Angeles Superior Court
21STCV36920 (June 2, 2025)
PRO TIPS
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It’s a big red flag if the patient doesn’t know the day of the accident.
- Slip-and-fall cases are tough. Witnesses are almost always required.
- Nail down the patient’s preexisting history...before the defense does.
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