Case details

Negligently patching of hole caused accident: bicyclist

SUMMARY

$168481.29

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
knee, laceration, leg, quadriceps, right knee, torn knee
FACTS
At around 8:30 p.m. on Oct. 18, 2012, plaintiff Francisco Mercado, 37, a cancer researcher, was riding home on his bicycle after work in Sacramento. At the 5000 block of Folsom Boulevard, Mercado hit a pothole in the middle of the bike lane, fell off his bicycle, and landed onto the street. He sustained to his right knee. Mercado sued the believed maintainer of the roadway, the city of Sacramento, and a construction company that performed work on the road, Arrow Drillers Inc. (originally erroneously sued as “Arrow Drilling Inc.”), which was doing business as Arrow Construction. The city was ultimately let out on summary judgment. Mercado claimed that Arrow Drillers performed electrical work in the area several months earlier, during which it created a hole in the bike lane. He alleged that although Arrow Drillers patched the hole, by Oct. 18, 2012, the patch had deteriorated into a large pothole. Thus, plaintiff’s counsel contended that Arrow Drillers was negligent for the improper compaction, which caused the patch to sink into a large pothole over time, thereby creating the dangerous condition of public property. Arrow Drillers denied ever creating the pothole., Mercado sustained a rupture of the right quadriceps tendon. He was subsequently taken to UC Davis Medical Center, in Sacramento, where the tendon was surgically repaired. He then underwent a course of physical therapy. Mercado claimed he later developed plantar fasciitis, resulting in heel pain, due to a change in his gait. He alleged that as a result, he has pain going down stairs and has been unable to run without pain. Mercado further claimed that due to his pain, he will require additional medical treatment. Thus, Mercado sought recovery for his past and future medical costs, and past and future pain and suffering. Defense counsel argued that Mercado should have been completely healed five months after the accident and that any pain that Mercado currently feels is not related to the incident. Counsel also argued that Mercado’s alleged plantar fasciitis was not related to the accident.
COURT
Superior Court of Sacramento County, Sacramento, CA

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