Facts

Hsing Sun was exiting her apartment when she tripped and fell over a deviation in the walkway along a common area by the driveway. She suffered injuries as a result thereof and sued the owner of the apartment complex, C&M Chung LLC for premises liability.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that Defendant had prior notice of the condition. Plaintiff further contended that Defendant's failure to repair and maintain the walkway created a dangerous condition. Plaintiff also contended that the broken part of the walkway caused a deviation that existed on the property for several months. She also contended that Defendant's failure to maintain the premises caused the accident.

DEFENDANT'S CONTENTIONS:
Defendant contended that the condition was open and obvious, and was not dangerous. Defendant further contended that Plaintiff should have known about the deviation, making her contributorily at fault for failing to pay attention.

Damages

Sin sought $9,851 for past medical costs; $15,000 for future medical costs; $3,500 for past lost earnings; and an unspecified amount of damages for her past and future pain and suffering.

Injuries

Sun claimed injuries to her left foot and ankle, and she was taken to an emergency room. She was diagnosed with a fracture on her left foot, known as a Jones fracture. She also claimed an injury to the collateral ligament of her left ankle. Her ankle was placed on a cast, causing her to miss work for nearly three months. She continued to have mobility issues as well as pain and discomfort.

Result

The parties negotiated a $95,000 settlement.