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Personal Injury
Bicycle Accident
Premises Liability

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

Court

L.A. Superior Van Nuys


Attorneys

Plaintiff

Taimur Qazi


Defendant

Kenneth D. Watase


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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