Case details

Claimant claimed ankle and knee injuries from unseen hole

SUMMARY

$105000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
ankle, knee, lateral meniscus, sprain, strain, tear
FACTS
On Dec. 13, 2010, at approximately 6 a.m., claimant Sandra Sanchez, a part-time college biology professor, was walking with her mother on a residential street in front of her townhome in Mission Viejo when Sanchez stepped into a hole in the street. Sanchez claimed that as she stepped into the area of broken asphalt surrounding a water main pipe cover, her right ankle rolled to the left, causing her entire right leg to buckle and twist inward. Sanchez filed a claim with the insurance carrier for Ridgemont Community Association, which was the property owner of the residential streets in her townhome community. She alleged that Ridgemont failed to maintain and repair the giant hole, creating a dangerous condition. Sanchez initially provided photographs of the hole, which she claimed showed a clear tripping hazard, more than 18-inches wide and 3-inches deep in certain areas. Sanchez claimed that because it was a dark, overcast and gloomy morning, she did not see the hole as she approached it. She further claimed that the hole was less noticeable due to the ground being wet, which made the edges of the broken and sunken hole less distinguishable from the rest of the surrounding pavement. Sanchez’s counsel contended that because there were no sidewalks in the area, Ridgemont had to know its residents would use the street as a walkway around the community. Thus, counsel contended that Ridgemont was required to maintain the residential streets to be just as reasonably safe as it would for sidewalks. Ridgemont claimed that the subject hole was not unlike other potholes that often exist in roads, and that it was an open and obvious hazard due to its size. Ridgemont also claimed that Sanchez should have easily seen the hole, which was readily visible, if she had been walking with due care., Sanchez suffered a mild sprain of the anterior talofibular ligament and a small effusion within the posterior recess of the talofibular joint of the right ankle. She also sustained a lateral meniscus tear in her right knee. Sanchez underwent intermittent physical therapy for her ankle from March 2011 to August 2011. She then underwent a right knee arthroscopy with a medial and lateral partial meniscectomy on Aug. 5, 2011, and followed up with physical therapy for her knee through February 2012. Sanchez claimed some minor residual pain after completing all of her treatment. She alleged that as a result, it was difficult for her to stand long periods of time, affecting her ability to teach. Thus, Sanchez sought recovery of $40,049.44 in past medical costs and an unspecified amount of damages for her pain and suffering. Ridgemont’s insurer did not dispute the severity of Sanchez’s .
COURT
Matter not filed, CA

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