Case details

Parking lot depression caused trip and fall, plaintiff alleged

SUMMARY

$155000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
ankle, fracture, malleolus
FACTS
On Sept. 5, 2010, plaintiff Florepes Paredes, 68, a retired woman, was shopping at a store run by the Disabled Veteran’s Charities, located on 575 W. Base Line Street in San Bernardino, when she fell in the parking lot. She claimed she tripped over a depression in the lot, resulting leg and foot . Paredes sued Disabled Veteran’s Charities. She alleged that the defendant failed to properly repair and maintain the parking lot, creating a dangerous condition. Paredes claimed that a store employee was helping carry her purchases to her car when she fell in an approximately 3-inch-deep depression in the parking lot. She acknowledged that she could not see where she was going because she had bags in her hands, which prevented her from seeing the hole. Defense counsel contended that the condition was open and obvious and Paredes was simply not looking where she was going. Counsel also contended that Parades had a pre-existing drop foot condition and a history of falls, as well as was not wearing her prescribed shoes at the time of the accident., Paredes was taken to St. Bernardine Medical Center in San Bernardino, where she was examined in the emergency room and then admitted. She suffered a lateral malleolar fracture of the left ankle and a metatarsal fracture of the right, fifth toe. Paredes was released from the hospital on Sept. 7, 2010, and was transferred to Robert H. Ballard Rehabilitation Hospital in San Bernardino. She subsequently received inpatient rehabilitation from Sept. 7, 2010, through Sept. 18, 2010, and again from Oct. 26, 2010, through Oct. 29, 2010. Paredes then continued her rehabilitation on an outpatient basis from Nov. 2, 2010, through Dec. 16, 2010. She did not require any surgery and made a reasonable recovery from her . Thus, the plaintiff sought recovery of $32,000 in medical costs, plus an unspecified amount for her past pain and suffering. According to defense counsel, the plaintiff’s initial demand was for $450,000.
COURT
Superior Court of San Bernardino County, San Bernardino, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case