Case details

Plaintiff claimed fall from city curb caused lifetime pain

SUMMARY

$3000000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
neurological, reflex sympathetic
FACTS
On March 5, 2017, plaintiff Rasell Chavez, 28, a state-subsidized caregiver, exited her vehicle and lost her footing on a curb in front of her home in Whittier, causing her to fall. She sustained to her right foot. Chavez sued the maintainer of the curb, the city of Whittier, and the adjacent homeowner, the Ricardo and Neva Casanas Trust. Chavez alleged that the defendants failed to repair and/or maintain the curb, creating a dangerous condition. The trust was dismissed from the case once it was determined that the city owned and controlled the property and adjoining curb. Plaintiff’s counsel contended that the curb was broken and that the city failed to repair the damage, creating a dangerous condition. The city admitted 50 percent liability but contended that Chavez was comparatively at fault, as the condition was open and obvious., Chavez presented to an emergency room the day after the accident and underwent X-rays, which revealed a fracture of the fifth metatarsal on the right foot. Her toe was placed in a splint, and Chavez sought orthopedic care. Her treating orthopedist put her in a CAM boot for approximately two months. Chavez claimed that she has experienced persistent and, at times, unbearable pain in the foot throughout the more than two years since the fall. Her pain management expert opined that Chavez suffers complex regional pain syndrome, also known as reflex sympathetic dystrophy or causalgia, a chronic pain condition. According to plaintiff’s counsel, Chavez’s CRPS diagnosis was confirmed by the defense’s two pain management experts, Dr. Steven Richeimer and Dr. Timothy Davis. Although Chavez did not stop working as a caregiver, she claimed she is limited in her activities. She claimed that as a result, she now has a sedentary lifestyle. Plaintiff’s counsel noted that all of the doctors agreed that Chavez will require further care and treatment related to her CRPS for the remainder of Chavez’s life, which is another 51 years, according to the California Civil Jury Instructions life expectancy table. Chavez, a Medi-Cal recipient, will pay all medical liens. The city’s counsel challenged the nature and extent of Chavez’s alleged CRPS until one of their pain management experts, Richeimer, changed his opinion after his deposition.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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