Carlos Morales-Barcenas v. City of Los Angeles, Department of Water and Power, and Does 1 through 50
Published: Nov. 9, 2013 | Result Date: Aug. 15, 2013 | Filing Date: Jan. 1, 1900 |Case number: BC494985 Settlement – $200,000
Court
L.A. Superior Central
Attorneys
Plaintiff
Steven A. Lerman
(Steven A. Lerman & Associates Inc.)
Defendant
Facts
Carlos Morales-Barcenas sued the City of Los Angeles and the Dept. of Water and Power for injuries he suffered on July 25, 2011, after he fell into a hole on a public road. He alleged causes of action for negligence, premises liability, and negligence per se.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiff contended that he fell into a sidewalk manhole that collapsed underneath his weight. Plaintiff contended that defendants inadequately inspected and maintained the manhole, presenting a dangerous condition that caused his fall and resulting injuries. Plaintiff further contended that defendants failed to post warning signs to protect the public from the dangerous manhole. Moreover, defendants' conduct constituted negligence.
Damages
Morales sought more than $100,939 in medical costs; $75,000 in future medical care; $6,400 in loss of earnings; and $200,000 in general damages for an approximate total of $382,339.
Injuries
Morales sustained injuries to his right knee, right leg, and lower back. He underwent surgery on Feb. 21, 2013. He underwent physical therapy from March 14, 2013 until about April 8, 2013. He continued to have a limited range of motion. He also was not able to return to work for four months, and lost income as a result.
Result
The parties settled for $200,000.
Other Information
FILING DATE: Oct. 31, 2012.
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