Case details

Failure to maintain parking lot caused trip over curb: plaintiff

SUMMARY

$80000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
left knee, left wrist
FACTS
On Sept. 1, 2009, at approximately 10 p.m., plaintiff Alice McCarthy, 41, a financial services consultant for a car dealership, landed at Los Angeles International Airport (LAX) and was walking to her car inside the airport’s interior parking lot when she tripped fell. She claimed to her left knee and left wrist. McCarthy sued the operator of LAX, the city of Los Angeles; the believed maintainer of the area, Lee’s Maintenance Service Inc.; and the believed manager of the parking lot, New South Parking. McCarthy alleged the defendants had notice of a dangerous condition of public property, but it failed to repair and maintain it. Lee’s Maintenance Service and New South Parking were ultimately both dismissed from the action. McCarthy claimed she tripped and fell over an unpainted portion of the curb. She contended that the paint had been worn and removed and as a result, there was no marker or indicator distinguishing the curb from the ground floor. McCarthy contended that in addition to the unpainted curb, the lights in the area were not working, which all contributed to her trip and fall since she could not see the curb. The city disputed liability, arguing that it had no notice of the lights not working or the curb not being properly painted in the area in question. It claimed that, nevertheless, the subject curb area was not a dangerous condition, but rather a trivial defect that McCarthy failed to pay attention to., McCarthy claimed to both knees from the fall and was subsequently taken by ambulance to an emergency room, where she was diagnosed with a torn meniscus in her left knee. She ultimately underwent arthroscopic surgery on her left knee and followed up with physical therapy. McCarthy claimed that she still experiences some residual left knee pain and discomfort, which will require future physical therapy on an as-needed basis. She also claimed that she developed a ganglion cyst on her left wrist as a result of bracing herself in the fall. McCarthy alleged that her wrist injury will eventually require surgery. Thus, McCarthy sought recovery of $55,000 in past medical costs and an unspecified amount of future medical costs. She also sought recovery of damages for her pain and suffering. The city’s counsel disputed the nature and extent of McCarthy’s alleged and damages. Counsel contended that McCarthy overtreated her knee injury, in that surgery wasn’t necessary and that just physical therapy would have resolved the issue.
COURT
Superior Court of Los Angeles County, Torrance, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case