Case details
City’s failure to maintain sewer vault lid caused fall: plaintiff
SUMMARY
$112500
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
fracture, lower body, pain, right sacral alae, sacrum
FACTS
At approximately 6 a.m. on April 17, 2015, plaintiff Matthew Mehegan, 60, a retired construction contractor, was walking his dog in Entradero Park, in Torrance. As he approached a trash can to clean up after his dog, he stepped on a steel vault lid, which was next to the trash can. The lid gave way and Mehegan fell approximately three feet into a sewer vault. His right leg went into the vault while his left leg fell in a hurdle position, causing the top half of his body to fall back and landed on the concrete. Mehegan claimed to his sacrum and lower body. Mehegan sued the installer, owner and maintainer of the vault, the city of Torrance. Mehegan alleged that the city failed to maintain the sewer vault, creating a dangerous condition of public property. Plaintiff’s counsel took the deposition of the city of Torrance’s supervisor of Park Services, who opined that the sewer vault lid collapsed due to corrosion of the retaining bolts and lid frame. The park services supervisor also agreed that the corroded condition of the lid made it unsafe, hazardous and a danger to people on or near the sewer vault. Defense counsel contended that Mehegan was partially to blame for failing to keep a proper lookout and stepping on the lid., Mehegan claimed that he sustained a fracture of the right sacral alae (S1-2) and a fracture of the S3 vertebrae. He also claimed that he sustained multiple abrasions and contusions to the lower body. Mehegan did not go to a hospital immediately after the incident and, instead, walked home, during which he called the Torrance Police Department to report his fall. An officer subsequently responded to Mehegan’s house to take a report and asked if Mehegan needed any medical attention. Mehegan denied any paramedic assistance, but ultimately presented to his primary care physician three days later, on April 20, 2017. His primary care doctor then referred him to an orthopedist for treatment. Mehegan underwent physical therapy and a two-day surgery on his lumbar spine. He claimed that despite treatment, he can no longer lift over 25 pounds and has reduced bending due to pain. Mehegan alleged that as a result, he may require additional medical care, including prescriptions and therapy, as needed. Thus, Mehegan sought recovery of $67,660.79 in past medical costs for radiology (MRIs), doctor visits, physical therapy, and surgery. He also sought recovery for his future medical costs, and past and future pain and suffering.
COURT
Superior Court of Los Angeles County, Los Angeles, CA
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