Facts

On March 5, 2017, plaintiff Rasell Chavez, 28, lost her footing on a damaged and broken curb and fell in front of her home in Whittier after exiting her vehicle and suffered a painful injury to her right foot.

PLAINTIFF'S CONTENTIONS: Plaintiff claimed that the City of Whittier was liable for the dangerous condition of public property.

DEFENDANT'S CONTENTIONS: The city claimed that the condition was open and obvious and plaintiff was comparatively at fault.

Insurer

California Insurance Pool Authority (CIPA)

Specials in Evidence

Meds: $10,000

Injuries

Plaintiff suffered complex regional pain syndrome. The day after the incident, plaintiff went to the emergency room where x-rays revealed a fifth metatarsal fracture. She was put in a splint and subsequently sought orthopedic care. The orthopedist put her in a CAM boot for approximately two months. Since the fall over two years ago, she has had persistent and, at times, unbearable pain in the foot. She was ultimately diagnosed with CRPS which was later confirmed by two additional doctors. All of the doctors agreed that she will require future care and treatment related to her CRPS for the remainder of her life, which is another 51 years according to the CACI life expectancy table.

Result

The case settled for $3 million.

Other Information

Plaintiff dismissed defendant Casanas Trust for a waiver of costs the day before defendant Casanas Trust's motion for summary judgment was set to be heard.