Case details
Unmaintained iron security gate caused multiple injuries: plaintiff
SUMMARY
$1000000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
bilateral torn menisci shoulder, compression fracture, ligament, severed, tear, tendon, torn
FACTS
On Jan. 10, 2011, plaintiff Cuauhtemoc Bolanos, 40, was manually closing a 600-pound iron security gate that protected a property in Los Angeles when the gate suddenly collapsed onto him, his back, knees and shoulders. Bolanos sued the property owners, Falcon California Investment Inc., Shawn Zackary and Zackary and Sons LLC. Bolanos alleged that the defendants failed to properly repair and/or maintain the gate, creating a dangerous condition. Plaintiff’s counsel contended that, at one time, the gate was motorized, but when the motor broke, the defendants refused to repair it, thus requiring the gate be manually closed each night. Counsel also contended that the security gate was missing the proper gate stops and other safety measures intended to prevent the gate from falling over, and that the defendants were aware that stoppers and other basic security features would have prevented its collapse. Thus, counsel contended that the iron gate’s collapse was clearly foreseeable and preventable, but that the defendants’ failure to repair it caused the accident. Defense counsel argued that the accident never occurred at the location alleged. Counsel noted that there were no third-party witnesses to the accident and that the responding officer’s accident report placed the scene of the incident at a similar property two blocks away from where Bolanos alleged. In addition, defense counsel contended that even assuming the accident occurred on the defendants’ property, Bolanos’ own negligence caused the gate to fall., Bolanos was initially treated at the scene and then transported to a local hospital, where it was determined that he sustained an L3 compression fracture, meniscal tears in both knees, and torn shoulder ligaments and tendons. To address these , Bolanos underwent four different surgeries between May 2011 and September 2011. Defense counsel contended that the amount and cost of all past treatment done on lien was excessive and unreasonable.
COURT
Superior Court of Los Angeles County, Los Angeles, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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