Case details

Fall in pothole caused knee injuries, pedestrian claimed

SUMMARY

$100000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
fracture, knee, patella, patellar tendon
FACTS
On Dec. 7, 2010, at approximately 7:30 p.m., plaintiff Carmen Campos, 41, a certified nurse assistant, was walking west along San Marino Street in Los Angeles when she stepped off the curb and into a pothole located within an unmarked crosswalk at the intersection of South Berendo Street. As a result, Campos twisted her left knee and fractured it. Campos sued the city of Los Angeles. Campos alleged the city was negligent in the repair and maintenance of the subject street, creating a dangerous condition. She also alleged the city had notice of said condition. Campos claimed that she stepped into the pothole that was three to four inches deep and twisted her left ankle and knee, causing her to fall onto her left knee. She claimed that the surrounding area had several other potholes and poor lighting, which constituted a dangerous condition of public property, and that her view was further obstructed by other pedestrians. In addition, Campos claimed the condition existed for several years prior to the subject accident and, therefore, the city had actual and constructive notice of the condition. The city claimed that it did not have notice of the alleged condition. It also claimed that Campos was comparatively at fault for stepping into the pothole, which was open and obvious., Campos twisted her left knee and ankle, causing her to fall onto her left knee. She was subsequently taken by her son to an emergency room, where she was diagnosed with a fractured patella of her left knee. She was also diagnosed with a lateral displacement of the patella, resulting in a patellar tilt and overriding of the fracture, and a torn anterior horn of the lateral meniscus. Campos ultimately underwent a patellectomy and remained hospitalized for 10 days. She then followed up with physical therapy. On Feb. 13, 2013, she underwent a left knee lateral meniscectomy, synovectomy and chondroplasty/patella release. Campos claimed she missed a year from work due to the injury, and still deals with ongoing pain, discomfort and reduced mobility in her left knee. Thus, she claimed $49,175 in past medical costs, $24,690 in past lost earnings, and sought recovery of additional damages for her pain and suffering. Defense counsel did not dispute the severity of Campos’ .
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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