Maria Gomez v. City of Cerritos
Published: Apr. 24, 2020 | Result Date: Jan. 13, 2020 | Filing Date: Jul. 10, 2018 |Case number: BC713182 Settlement – $1,200,000
Judge
Court
Los Angeles County Superior Court
Attorneys
Plaintiff
Jordon R. Harlan
(Harlan Law PC)
Defendant
John C. Barber
(Barber & Bauermeister)
Facts
On Oct. 1, 2017, plaintiff Maria Gomez, 65, tripped on a loop of exposed wires at the City of Cerritos Performing Arts Center resulting in a complex heel fracture.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended the required triple arthrodesis surgery would leave her with severely limited functionality, including a limp and, more likely than not, the inability to dance with her husband and travel. Plaintiff contended there would likely be numerous drawbacks to the surgery and the potential for a worse outcome. Plaintiff alleged she would have significant future lost earning capacity and loss of household services.
Plaintiff also contended that due to financial issues and her fear of losing her job, she returned to work as a general manager at Coco's Restaurant about nine months after the incident and was still working there over a year later when the case went to trial.
DEFENDANT'S CONTENTIONS: Defendant contended that plaintiff's surgery would be successful, resulting in significant gains in functionality and predictable reductions in the pain plaintiff suffered as a result of the injury. Defendant contended that plaintiff would not lose earnings in the future as a result of the surgery nor would she need assistance performing household chores.
Injuries
The injury was initially treated conservatively. Post-traumatic arthritis developed, which led to both plaintiff and defense experts to agree plaintiff needed a triple arthrodesis surgery. At the time of trial, she had not yet had the triple arthrodesis surgery and was in considerable day-to-day pain.
Result
The case settled for $1.2 million.
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