Case details

Placement of portable toilet caused fall, plaintiff claimed

SUMMARY

$45000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
knee, patellar
FACTS
On Oct. 9, 2011, the plaintiff, a 65-year-old retired man, was leaving a portable toilet that was on the sidewalk in a new housing development in Riverside when he tripped as he exited. He claimed to his left knee, including a patellar tendon tear. The retired man sued the housing development company, alleging that the placement of the portable toilet created a dangerous condition. Specifically, he contended the portable toilet was placed too close to the curb of the sidewalk, causing the door of the portable toilet to open over the sidewalk curb. Defense counsel contended that the placement of the portable toilet was proper, and violated no ordinances or regulations. Counsel also contended that caution warnings were placed in the area and that the placement of the portable toilet was an open and obvious condition., The plaintiff sustained a ruptured patellar tendon of the left knee. He was subsequently transported from the scene of the fall by ambulance and brought to an emergency room. He underwent a surgical patellar tendon repair on Oct. 11, 2011. The plaintiff sought recovery of approximately $21,000 in medical costs and an unspecified amount of damages for his pain and suffering.
COURT
Superior Court of Riverside County, Riverside, CA

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