Trial Magazine

Megan Gonzalez, 52, went to meet a friend for dinner at Maria’s New Mexican Kitchen. As she crossed the parking lot, she stepped into a pothole and fell to the ground. She suffered a torn meniscus and labrum and a spinal cord bruise at C6. Two years after the fall, she underwent spinal fusion surgery. She now has pain and difficulty walking, using her hand, and sleeping.

Gonzalez sued Maria’s New Mexican Kitchen and restaurant owner Santa Fe Dining, Inc., alleging the pothole constituted a hazard, which was obscured by poor lighting. The plaintiff sought punitive damages, arguing that after her fall, the pothole went unrepaired for at least a year. Suit did not seek lost income or medical expenses.

The jury awarded $31 million, including $21 million in punitive damages.

Citation: Gonzalez v. Maria’s New Mexican Kitchen, No. D-101-CV-2021-01773 (N.M. Dist. Ct. Santa Fe Cnty. Apr. 19, 2024).

Plaintiff counsel: AAJ member Lee R. Hunt, Kate Ferlic, and Aimee Bevan, all of Santa Fe, N.M.

Plaintiff experts: Lisa Martinez, building standards and safety protocols; and Jan Bear, orthopedics, both of Santa Fe.