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Verdicts & Settlements: Premises Liability

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Failure to prevent tripping hazard at performing arts venue

June 8, 2020

Maria Gomez, 65, was attending a performance at the city of Cerritos Performing Arts Center. She left her seat to go to the concession stand before the show and caught her left foot on a loop of exposed wires at the end of her row. She thrust her heel into the floor, suffering a fracture. Although she underwent conservative treatment, she developed posttraumatic arthritis, which causes her daily pain. She expects to undergo fusion surgery. A restaurant general manager, she missed approximately nine months from work, incurring almost $55,900 in lost income. Her medical expenses were approximately $5,000.

Gomez sued the city, alleging premises liability. The defendant stipulated as to liability but disputed what effect the plaintiff’s injuries had on her daily functioning.

The parties settled for $1.2 million.

Citation: Gomez v. City of Cerritos, No. BC713182 (Cal. Super. Ct. Los Angeles Cty. Jan. 13, 2020).

Plaintiff counsel: Jordan Harlan, San Diego.

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