Facts

On Aug. 24, 2019, plaintiff Erika Luna, 27, was injured when she fell outside of the Fountain Valley Regional Hospital East Tower. As she exited the building and followed the walkway to the right, she approached a turn in the walkway that had a curb offset that was difficult to see because there was no tape, paint, or signs to provide her notice of this condition. As a result, plaintiff fell and broke her left ankle.

Defendant moved for summary judgment on the issues of duty and breach, which was ultimately denied by the court.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that the design of the curb was dangerous and deceptive since the curb offset could not be readily seen. Plaintiff also contended that her action of cutting the corner was not unreasonable since it is a reasonably foreseeable action taken by pedestrians and defendant should have been aware of that fact.

DEFENDANT'S CONTENTIONS: Defendant contended that since the walkway was not in violation of any building codes, it was not dangerous. Defendant also contended that plaintiff was negligent since she stepped off of the paved walkway and cut the corner, in addition to the allegation that she was not paying attention to where she was walking.

Injuries

Plaintiff suffered fractured left fibula, fractured left ankle, Complex Regional Pain Syndrome (CRPS) in the left ankle area. She contended she needed a spinal cord stimulator in the future. Defendant disputed plaintiff's CRPS diagnosis since she did not meet any of the Budapest criteria at the defense medical examination and as such, Defendant disputed that Plaintiff needed a spinal cord stimulator in the future.

Result

The case settled for $700,000.