Case details
Trip on pothole caused ankle and knee problems: plaintiff
SUMMARY
$75000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
ankle, ankle ligament, tear
FACTS
On Oct. 15, 2016, plaintiff Rosa Keel, 50, a litigation secretary, fell while she was traversing a crosswalk of Davis Street, near the intersection with Clay Street, in San Francisco. She suffered of an ankle and her knees. Keel sued the roadway’s maintainer, the City and County of San Francisco. She alleged that the city and county failed to repair and/or maintain the roadway, creating a dangerous condition. Keel claimed that her left foot became caught in a pothole, causing her to trip and fall. Her counsel contended that the pothole constituted a dangerous condition and that the city’s workers were negligent for failing to timely repair or warn of the pothole., Keel sustained a full-thickness, mid-substance tear of her left ankle’s anterior talofibular ligament. She also claimed pain in both knees. Keel was taken by her sister to UCSF Emergency Department, located in UCSF Medical Center, in San Francisco. Keel then developed chronic instability and pain in her left ankle, and treated her condition with physical therapy. On Sept. 29, 2017, she underwent a secondary Brostrom ligament repair to repair the outside ankle ligaments and a left ankle arthroscopy. In addition, Keel was ultimately diagnosed with patellofemoral disorders of the left knee, which required two cortisone injections. Keel claimed that she continues to suffer pain and instability in the left knee. She also claimed that in 2019, she fell down due to her left knee buckling and that she also twisted her ankle in the fall. She contended that she requires additional medical treatment. Keel further claimed that she was unable to work from Sept. 29, 2017, through Dec. 3, 2017. She also claimed that she had a very active life before the accident, as she was engaged in running, hiking and salsa dancing, but that she can no longer do those things. Keel sought recovery of past medical costs, future medical costs due to the subsequent fall, past lost earnings, and damages for her past and future pain and suffering.
COURT
Superior Court of San Francisco County, San Francisco, CA
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