Case details
Plaintiff claimed homeowners responsible for fall in manhole
SUMMARY
$1305000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
dislocation, neurological, reflex sympathetic, shoulder
FACTS
On Feb. 6, 2010, plaintiff Scot Webb, 32, a postal carrier, was delivering mail when he fell into a 16-inch-deep open manhole on the sidewalk in front of a house located on Gerrard Way in the West Hills section of San Fernando Valley. Webb claimed he injured his shoulder and arm in the fall. Webb sued the home’s owners, Saifuddin Mogri and Lamya Mogri, and an unlicensed handy person hired by the Mogris, Roberto Baez. He alleged that Baez was negligent for failing to replace the manhole cover, creating a dangerous condition, and that the Mogris were vicariously liable for the unlicensed handyman’s actions. He also alleged that the defendants failed to warn of the open manhole. Webb claimed that the Mogris hired Baez to perform plumbing work in their bathrooms. He alleged that during the course of his work, Baez removed the manhole cover to turn off the water in the Mogris’ home, but failed to replace it. In addition, he alleged that the defendants failed to place any signs or anything warning of the open manhole. Baez admitted that he left the manhole open. The Mogris claimed that they were unaware that the manhole cover had been removed and left open by Baez. Their counsel argued that the open manhole was an open and obvious condition, and that Webb was inattentive., After the accident, Webb drove to Kaiser Hospital in Woodland Hills. He was diagnosed with a torn labrum and dislocation of the left shoulder, requiring surgery. He then followed up with physical therapy and treatment, which he continues today. Webb claimed that he later developed complex regional pain syndrome, also known as reflex sympathetic dystrophy, in his left arm, resulting in residual pain, soreness and weakness in his left shoulder, arm and hand. Webb claimed that as a result, he was only able to return to his job part-time, working in the sorting department, and is limited in only using his right arm during work. Thus, Webb sought recovery of over $2 million in future medical expenses and in excess of $1 million in future lost earnings. Defense counsel asserted that Webb’s claim for future medical costs was greatly inflated.
COURT
Superior Court of Los Angeles County, Van Nuys, CA
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