Facts

On July 20, 2006, at 5:00 p.m., plaintiff Felipe Rojas, age 46, was riding his bicycle westbound on the north side of the sidewalk on Saticoy Avenue in Canoga Park. The plaintiff's front wheel fell into a utility hole that was not properly covered. The hole was two-feet deep, which caused the plaintiff to flip over and fall face first. The rectangular concrete cover was imprinted with "SBC." There were neither cones nor warning signs of the unstable cover for the people walking by.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the defendant was negligent in warning the pedestrians of the hole and properly maintaining the sidewalk.

Settlement Discussions

The plaintiff demanded $250,000.

Specials in Evidence

$85,473 (reduced to $45,000)

Injuries

The plaintiff sustained four broken front teeth and bilateral trapezius strain and nasal fracture. The plaintiff also suffered left hand fracture and left fifth metacarpal fracture, temporomandibular joint and cervical musculoligamentous strains. The plaintiff was diagnosed with lumbosacral musculoligamentous strain, bilateral knee contusions, right shoulder and left elbow sprains. The plaintiff underwent closed reduction with percutaneous pinning of the left fifth metacarpal neck fracture.

Result

The case settled after a full day of mediation for $130,000 ($5,000 from the city of Los Angeles).