Francisco Mercado v. Arrow Drilling Inc., City of Sacramento, and Does 1 to 50
Published: Mar. 25, 2017 | Result Date: Feb. 8, 2017 | Filing Date: Jan. 1, 1900 |Case number: 34-2014-00165497-CU-PO-GDS Verdict – $168,481
Court
Sacramento Superior
Attorneys
Plaintiff
Rosalio Munoz Jr.
(Mission Legal Center P.C.)
David J. Munoz
(Mission Legal Center P.C.)
Defendant
Douglas G. MacKay
(Vitale & Lowe)
Facts
Francisco Mercado sued Arrow Drilling Inc. and the City of Sacrament, involving an alleged incident that occurred on Oct. 18, 2012 at around 8:30 in the evening at the 5000 block of Folsom Blvd. The city was ultimately let out of the case.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff was riding his bicycle home from work when he hit a pothole and fell off his bike. The pothole was allegedly in the middle of the bike lane. Plaintiff was injured and sued the city, which maintained the roadway and the construction company that performed work on the road. Plaintiff alleged causes of action for negligence, creating a dangerous condition of public property.
DEFENDANT'S CONTENTIONS:
Arrow denied creating the pothole. The defense also disputed the extent of plaintiff's claimed injuries.
Settlement Discussions
Mercado demanded $175,000 in settlement, which Arrow countered with a $32,000 offer.
Injuries
Mercado ruptured the tendons in his right quadriceps, which was subsequently repaired by surgery and followed up by physical therapy. He thereafter developed plantar fasciitis, which made it painful to walk or run.
Result
The jury found Arrow negligent and determined Mercado's damages totaled $168,481, including $108,581 in past medical expenses, $4,900 in future medical expenses, $30,000 in past pain and suffering, and $25,000 in future pain and suffering.
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