A 32-year-old woman sustained serious injuries after tripping in a pothole in a Los Angeles donut shop parking lot, leading to $272,000 in medical expenses. A $2 million settlement was secured for her after it was found that the hazardous potholes had existed for over a year without proper lighting or safety measures.
Plaintiff, a 32 year old female, was walking through the parking lot of a donut shop located in Los Angeles, CA. Upon Plaintiff’s traversing between her motor vehicle and the parking lot, Plaintiff did not notice the potholes on the ground of the parking lot, causing Plaintiff’s left foot/ankle to get caught and twisted in one of the potholes. Plaintiff landed very hard onto her right knee then onto the hard ground.
California property owners have an ordinary duty of care to ensure that their property is kept in a reasonably safe condition. If there are any hazards that could potentially lead to a trip-and-fall accident, they are obligated to warn visitors and guests of the dangers. A special relationship exists between landlords and their “invitees” or those individuals with special permission from the landlord to enter the premises. Issacs v. Huntington Hosp. (1985) 38 C3d 112, 123, 211. (A classic example of an invitee is a business patron on the premises of a business such as Plaintiff’s presence at Defendant’s super market.)
As a result of her fall, Plaintiff suffered injuries to her right knee, left ankle, left foot, left shoulder, left wrist, left hand, neck and upper back. Plaintiff’s injuries were significant enough to incur $272,000 in medical expenses. Plaintiff required a right knee arthroscopic surgery, as well as a left ankle surgery, to where she now has ongoing sporadic right knee and left ankle pain, for which she will require intermittent chiropractic and physical therapy treatment in the future.
Defendant disputed liability and Plaintiff’s claims for injuries and damages. Defendant also disputed the reasonableness and necessity of Plaintiff’s medical treatment. However, through lengthy discovery and depositions, it was determined that the potholes actually existed for a year prior to Plaintiff’s trip and fall, and that there were no light fixtures or safety cones near the hazardous area at the time of Plaintiff’s fall. Furthermore, through the testimony of expert doctors, it was determined that Plaintiff’s injuries and treatment were reasonable and necessary, considering the severity of her fall. Messrs. Khakshooy and Agarwal were able to recover $2,000,000 for Plaintiff.
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