Case details
Over-watered plants caused slipping hazard on sidewalk: suit
SUMMARY
$90000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
ankle, back, lower back
FACTS
On Aug. 1, 2009, at approximately 4:30 p.m., plaintiff Maria Terrazas, 34, a homemaker, was passing by Cha Cha Cha, a restaurant at 656 N. Virgil Ave in Los Angeles. Terrazas claimed she slipped and fell on the sidewalk outside of the restaurant, her lower back and left ankle. Terrazas sued Cha Cha Cha Restaurant, alleging the defendant created a dangerous condition. Specifically, Terrazas argued that the restaurant over-watered potted plants in front of the building, causing the over-flowing water and debris to form a slipping hazard on the sidewalk. Defense counsel argued that the potted plants and any over-flowing water was an open and obvious condition, and that Terrazas was at fault for failing to pay attention to where she was going and assuming the risk., Terrazas was taken from the scene of the accident by ambulance and brought to an emergency room, where she was diagnosed with soft-tissue strains and sprains of her lower back. She also claimed an aggravation of a pre-existing congenital abnormality of her left ankle. Terrazas received epidural injections for her lower back and treated all her with roughly six months of physical therapy. Terrazas claimed she still experiences pain and discomfort in her lower back and left ankle, restricting her physical abilities. Thus, she sought roughly $85,000 in past medical costs and an unspecified amount of damages for her pain and suffering. Defense counsel argued that Terrazas over-treated her with physical therapy and that the epidural injections were not necessary. Counsel also argued that Terrazas’ ankle injury and symptoms were all due to her pre-existing condition and not aggravated by the fall.
COURT
Superior Court of Los Angeles County, Van Nuys, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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