Maria Terrazas v. Cha Cha Cha Restaurant
Published: Feb. 1, 2014 | Result Date: Nov. 18, 2013 | Filing Date: Jan. 1, 1900 |Case number: BC455413 Settlement – $90,000
Facts
On Aug. 1, 2009, Maria Terrazas walked on a sidewalk near Cha Cha Cha, a restaurant in Los Angeles. She slipped and fell. Terrazas then filed a lawsuit against the restaurant.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that while she walking outside of Cha Cha Cha, she slipped and fell due to a dangerous condition. She claimed that the potted plants in front of the restaurant had been overfilled with water, which resulted in an overflow and a slippery sidewalk.
DEFENDANT'S CONTENTIONS:
Defendant argued that the condition created by the water was open and obvious, and that plaintiff should have paid attention when she was walking.
Settlement Discussions
Plaintiff demanded $400,000 and the defense offered $76,630.
Damages
Plaintiff asked for $85,000 in past medical expenses, and pain and suffering damages.
Injuries
Terrazas suffered from a lower back injury and left ankle injury, as well as strains and soft tissue injury. In addition, a pre-existing ankle abnormality was aggravated.
Result
Terrazas and the restaurant settled for $90,000.
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