Case details
Plaintiff claimed open planter hole caused fall
SUMMARY
$45500
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
Achilles tendon, ankle, foot, heel, knee, soft tissue, sprains, strains, tear
FACTS
On Aug. 27, 2010, at approximately 5 p.m., plaintiff Amy Tuohy, 35, a bakery worker/department manager, parked her car in front of her apartment building at 18530 Hatteras Street in Tarzana. After exiting her vehicle, she stepped into a pre-dug planter hole, where a previously dead tree had been removed, causing her left leg to sink down into a space between a plastic bucket and the edge of the hole. After sinking down to her knee, Tuohy fell forward and backward, allegedly causing to her left knee and ankle. Tuohy sued the maintainer of the sidewalk, the city of Los Angeles; the property owner, Tarzana Plaza HOA; and the maintainer of the property, ABM Property Management Inc. Tuohy alleged the defendants were negligent for failing to repair and/or maintain the area, creating a dangerous condition of public property of which the defendants had actual and constructive notice. She also alleged that the defendants failed to warn of the dangerous condition. Tuohy reached a good faith settlement with Tarzana Plaza HOA and ABM Property Management for a nominal amount of $3,000. Plaintiff’s counsel contended that the hole consisted of two concrete squares joined together with a half circle cut out. Counsel also contended that other residents had complained about the condition to the city prior to the subject incident. Thus, plaintiff’s counsel asserted that the city had notice of the dangerous condition for over a year, as evidenced by city records, but that it failed to remedy the issue. The city’s counsel contended that the subject planter hole was an open and obvious condition and asserted that Tuohy was comparatively at fault due to her inattentiveness. Counsel further asserted that the city did not place, nor was it responsible, for the plastic bucket placed in the hole., Tuohy claimed she sustained soft-tissue strains and sprains of her left knee and ankle. Specifically, she claimed she suffered a lateral tear of her Achilles tendon. Tuohy subsequently treated conservatively, on-and-off, with physical therapy and cortisone injections over the course of two years. Tuohy claimed that while her knee injury has resolved, she still experiences pain and mobility issues regarding her left ankle. She alleged that she had to miss some time from work and that she has difficulty standing long periods and wearing high heels. Thus, Tuohy sought recovery of approximately $32,000 in past medical costs. She also sought recovery of damages for her pain and suffering. The city’s counsel disputed the nature and extent of Tuohy’s alleged and damages, asserting that the lateral tear of the Achilles tendon was an insignificant injury. Counsel also asserted that Tuohy over-treated and was over-billed for her alleged .
COURT
Superior Court of Los Angeles County, Los Angeles, CA
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