Case details

Knee injury not caused by alleged fall, defense argued

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
anterior cruciate ligament, knee, left knee, tear
FACTS
On the afternoon of Aug. 6, 2012, plaintiff Carolina Marlene Najera Guerrero, 15, a high school student, was walking along East 70th Street, near the intersection with Paramount Boulevard in Long Beach, when she allegedly tripped and fell over the base of a stop sign that was missing its pole/sign. Guerrero claimed she injured her left knee in the fall. Lili Marlene Najera Guerrero, acting as Carolina’s guardian ad litem, sued the city of Long Beach, alleging the city was liable for the dangerous condition of public property. Plaintiff’s counsel contended that the city had notice of the dangerous condition, but that it failed to properly maintain and/or repair the subject stop sign pole. The city argued that it had no notice of the alleged dangerous condition until after Carolina’s alleged fall. It also contended that Carolina did not report the missing pole condition until well after the alleged incident., Carolina claimed she suffered a tear of the anterior cruciate ligament of her left knee. A few weeks after the incident, Carolina treated with a chiropractor, whom she sought treatment with a few times. Carolina claimed that in March 2013, she experienced pain in her left knee while playing soccer and subsequently underwent an MRI, which revealed the torn ACL. She alleged the knee injury was caused by the subject trip-and-fall incident approximately eight months earlier. Thus, in September 2013, she underwent reconstructive surgery to repair her left knee’s torn ACL. Carolina then followed up with physical therapy. Carolina claimed that despite undergoing surgery, she is no longer able to go running or wear high heels due to her condition. Thus, she sought recovery of roughly $19,565.85 in past medical costs and $120,000 in damages for her pain and suffering. Defense counsel argued that Carolina did not suffer a tear of the left ACL during the subject incident, noting that Carolina did not complain of any knee pain for roughly eight months, during which she underwent a physical examination in November 2012. Counsel contended that the injury was most likely caused by Carolina playing soccer in August 2013, which prompted her to have the MRI that revealed the torn ACL.
COURT
Superior Court of Los Angeles County, Pasadena, CA

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