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Personal Injury
Premises Liability
Slip and Fall

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

Court

L.A. Superior Central


Attorneys

Plaintiff

Jesse L. Halpern


Defendant

Ronald R. Heard


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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