Facts

On Oct. 12, 2005, plaintiff Joy Jaeger, 69, retired, was walking across a paved entryway outside defendant The Fish House Vera Cruz, in the restaurant row area of San Marcos, when her foot got caught in a small pothole, causing her to fall. The plaintiff sued defendant and owner Butler Properties for premises liability.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended the pothole constituted a dangerous condition.

DEFENDANTS' CONTENTIONS:
The defendants contended the fall did not occur on defendants' property, but on an adjacent property. They argued plaintiff claimed excessive damages.

Specials in Evidence

$70,000

Damages

The plaintiff sought an unspecified amount for past and future pain and suffering.

Injuries

The plaintiff sustained a fractured elbow on her dominated arm and face lacerations. She received 16 stitches in her left eye and underwent surgery to place a radial head implant in her left elbow on Oct. 17. The implant became loose, requiring a second surgery on June 20, 2006 to replace it. The plaintiff underwent a third operation on Nov. 6, 2007 to clean up the scarring and osteophytes, which required physical therapy. The plaintiff suffered from limited range of motion and residual pain.

Result

The case settled for $210,000.

Other Information

Insurer: Farmers for defendants.