Facts

Don Weingarten was walking toward his apartment complex when he stepped into a concrete meter box that was located in front of the office building. He twisted his left foot/ankle and fell onto the pavement. He fractured his left middle toe and exacerbated preexisting injuries to his left/foot ankle and right ankle.

Weingarten sued East Bay Municipal Utility District (EBMUD) alleging negligent repair and maintenance of the box. EBMUD denied liability for the accident.

Damages

Weingarten sought $500,000 in damages for past and future pain and suffering. Weingarten's wrokers' compensation carrier intervened and sought recovery of paid benefits. It had paid for his prior injury as well as the treatment for injuries sustained by stepping into the meter box. It claimed an amount of $161,268, which included the cost of surgeries as well as prospective surgery costs.

Injuries

Weingarten sought medical care several days after the accident. He underwent two fusion surgeries on his left foot and an additional surgery to repair a screw. In addition to the injuries he suffered from the incident, it also exacerbated the arthritis to his left foot and aggravated foot injuries he suffered from a fall from a roof nine months prior. He continued to suffer from residual pains in both his feet and ankles and that he had plans for future right ankle surgery.

Result

Defense verdict.

Deliberation

2.5 hours

Poll

11-1

Length

13 days