David Overlund v. AT&T, John C. Chiu and Does 1-50; AT&T v. George Rappard,M.D.
Published: Jul. 6, 2013 | Result Date: Feb. 8, 2013 | Filing Date: Jan. 1, 1900 |Case number: LC092600 Settlement – $375,000
Facts
On July 23, 2010, David Overlund was riding his bicycle when he came into contact with an AT&T handhole, a shallow form of a manhole, that had a missing lid on it. Overlund was thrown from his bicycle and struck the ground. Overlund sued AT&T, alleging that the company failed to properly inspect and maintain the handhole.
Contentions
PLAINTIFF'S CONTENTIONS:
Overlund contended that AT&T had no protocols to inspect the hundreds of thousands of handholes it had in the United States.
DEFENDANT'S CONTENTIONS:
AT&T contended that it relies upon third parties to inform it of any issues with the handholes and that AT&T's employees would remedy any issue they became aware of during the course of their employment.
Injuries
Overlund claimed he aggravated his pre-existing back condition and required a back surgery as a result of the accident. After the surgery, he complained of ongoing pain and received epidural injections.
Result
The parties settled for $375,000.
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