Facts

On Jan. 7, 2005, plaintiff Jane Doe, 16, was walking with a friend through Roe defendant's courtyard when she stepped into an uncovered drain hole. It was raining at the time of the incident, and a water puddle around the area of the open drain further obscured it from view. There were no warning signs present.

The plaintiff brought suit for her injuries based on premises liability and negligence.

Injuries

The plaintiff severely injured her right ankle. She had been treated previously for right ankle instability and underwent a Brostrom surgical repair almost one year prior to this incident. Following the incident, her doctor prescribed a walking boot for two to three weeks. She was ultimately diagnosed with increased laxity of the subtalar joint as a result of the incident. On Feb. 8, 2005, she underwent surgery. A portion of the peroneus brevis tendon was woven around the right ankle joint for reconstruction. This was followed by aggressive physical therapy. Continued instability problems led to a second right ankle surgery in November 2006 to increase the gliding of the peroneus brevis tendon in its sheath. The plaintiff remains unable to resume her pre-injury endeavors and cannot participate in any high-impact activities with a lot of cutting motions. She walks with a limp and can no longer run.

Result

The case settled for $212,000.