Case details

Plaintiff claimed hole in community park was dangerous

SUMMARY

$100000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
Achilles tendon, decreased range of motion, foot, heel, severed, tear, tendon, torn
FACTS
On June 17, 2017, plaintiff Lula Brice, 57, was at a craft fair in a community park at Taft Community Center, in Stockton. As she was walking around a table set-up area where products were being offered, her right leg fell into a hole, resulting in an injury to her leg. Brice sued Taft Community Center and the owner of both the community center and park, the county of San Joaquin. Brice alleged that the area constituted a dangerous condition of public property and that the defendants failed to either repair or warn of the condition. Plaintiff’s counsel contended that the hole in the ground, which could have been made by an animal, was partially covered by overgrown grass. Defense counsel contended that the hole was open and obvious and that Brice should have seen it been able to avoid it., Brice sustained a tear of the Achilles tendon in her right heel. She was taken by ambulance to a hospital, where she immediately underwent surgery to reattach the tendon. Brice then underwent a few months of physical therapy. Brice claimed she that she has some limited range of motion, but has otherwise recovered from her injury. Brice sought recovery for her past medical costs, and her past and future pain and suffering. Her husband, Lawrence Brice, presented a derivative claim seeking recovery for his loss of consortium.
COURT
Superior Court of San Joaquin County, Stockton, CA

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