Case details

Fall in pothole caused foot fracture and neuropathy: plaintiff

SUMMARY

$35000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
nerve damage, neurological, neuropathy
FACTS
On March 8, 2010, plaintiff Alice Thornton, 55, a retiree, was walking in the parking lot at the Baldwin Hills shopping center in Los Angeles when she slipped and fell in a pothole, her left foot. Thornton sued the owner of the shopping center, Baldwin Hills Investors Ltd. Thornton alleged the defendant failed to properly repair and/or maintain the parking lot, creating a dangerous condition (the pothole), and that the defendant had notice of the condition. Counsel for Baldwin Hills argued that the pothole was not a dangerous condition, and that Thornton was at fault for failing to avoid the open and obvious condition., Thornton fractured the fifth metatarsal of her left foot. As a result, she was taken from the scene of the accident and brought to an emergency room, where she was treated with closed reduction casting. Thornton then remained casted and on crutches for roughly six weeks, and she also received two months of physical therapy. Although her fracture healed, Thornton claimed a nerve study showed that the injury caused neuropathy in her left foot, resulting in pain and numbness. As a result, she received injections to her left foot to treat the pain. In addition, Thornton claimed she still has reduced mobility in her left foot, affecting her daily activities. Thus, she sought recovery of $11,000 in damages for her past medical costs and an unspecified amount of damages for her past and future pain and suffering. Defense counsel did not dispute Thornton’s fracture, but argued that the injury did not correspond with symptoms for neuropathy. Thus, counsel contended that there was no causation for Thornton’s current pain and numbness symptoms.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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