Case details
Plaintiff claimed elbow and toe injuries from fall in park
SUMMARY
$115000
Amount
Mediated Settlement
Result type
Not present
Ruling
KEYWORDS
cubital tunnel syndrome, elbow, nerve, neurological
FACTS
On June 22, 2019, plaintiff Jose Parra, 40, an automobile repairman, was chasing his daughter out of a basketball court in Little Hollywood Park, in San Francisco. As he was heading toward Lathrop Avenue, Parra tripped and fell, landing on his right side. He sustained to his right elbow and foot. Parra sued the city and county of San Francisco, which owned, operated and maintained the park. Para alleged that the city and county failed to properly maintain the area, creating a dangerous condition of public property. Parra’s counsel contended that Parra’s foot struck part of a U-shaped piece of metal that was protruding two inches from the ground. Counsel maintained that the metal piece was from a U-shaped bollard, as it was next to an open hole that was missing the other side. Defense counsel contended that Parra should have been able to see the piece of metal, which was open and obvious., Parra brought himself to a hospital, where it was determined that there was no fracture to his right, dominant elbow. However, he was diagnosed with a ulnar nerve injury, resulting in cubital tunnel syndrome as a result of falling on his right arm. He also sustained a distal phalanx fracture to the big toe of his right foot. The toe fracture did not require treatment, but on Nov. 26, 2019, Parra underwent ulnar nerve decompression on his right elbow. Prior to the surgery, Parra was working to full capacity, but he claimed his elbow injury limited his work. He also claimed that he had to take time off of work to recover from surgery, but that he was ultimately able to return to work. However, Parra claimed that he is left with some residual scarring and numbness in his elbow, but that he does not need future medical treatment. Parra sought recovery of past medical costs as well as damages for his past and future pain and suffering.
COURT
Superior Court of San Francisco County, San Francisco, CA
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INJURIES:
- anxiety
- brain
- brain damage
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- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
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- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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