Facts

In 2003, Constance Tevas-Ingram fractured her left ankle after she stepped into a hole. Ingram, who is in her 40s, walked out of a 7-11 store in Los Angeles when the accident occurred in the parking lot. Ingram filed a lawsuit against 7-11 Corp., claiming 7-11 was responsible for her injury because it negligently maintained its premises.

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that the hole, which resulted after a sign post was removed, was a latent defect because it was covered with grass, making it difficult to identify and avoid. An employee of the defendant's store supported the plaintiff's claim that the defendant not only failed to fill the hole, but also failed to warn its customers about it.

DEFENDANT'S CONTENTIONS:
The defendant claimed that the hole, which was in an area of the parking lot that was not to be used for pedestrian traffic, was apparent and not hidden. As a result, the plaintiff was responsible for her injury because she was walking there. The defense challenged the plaintiff's claim for lost earnings.

Settlement Discussions

The plaintiff demanded $125,000 and the defendant offered $50,000.

Specials in Evidence

$15,000. The plaintiff, who is a freelance copywriter, sought $28,000 in lost earnings claiming her injury prevented her from being able to attend meetings and other work-related functions. $10,000.

Damages

The plaintiff sought damages for pain and suffering.

Injuries

The plaintiff fractured her left ankle as a result of the fall and was required to wear a cast for approximately 8 weeks. Thereafter, she required almost one year of rehabilitative treatment.

Result

The parties settled for $75,000.