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News

Torts/Personal Injury

Aug. 21, 2024

LA jury awards $18M to woman who broke ankle in Long Beach pothole

"The city had 52 weeks to fix the problem, while the plaintiff had just 1 second to avoid it," Arash Homampour, who represented plaintiff Eva Vallin, said.

Unrepaired potholes in Long Beach

A Los Angeles County jury has found the City of Long Beach liable for $17.5 million in damages for a woman injured when she stepped into a long-neglected pothole.

"The city had 52 weeks to fix the problem, while the plaintiff had just 1 second to avoid it," Arash Homampour, who represented plaintiff Eva Vallin, said. "This stark contrast highlights the critical importance of proactive maintenance by public entities."

Vallin developed Complex Regional Pain Syndrome after fracturing her ankle in a pothole, Homampour said. He argued during the 21-day trial that the city's inadequate repair protocols constituted a dangerous condition. The verdict was delivered Aug. 8. Vallin v. City of Long Beach, 21STCV26668, (L.A. Super. Ct., filed July 20, 2021)

Deputy City Attorney Howard D. Russell said in a statement, "The City of Long Beach appreciates the time and attention that the jury gave this case during the 21-day trial.  We are disappointed in the verdict, however, which we believe was not supported by the law and the evidence. The City is considering all options, including appeal."

The accident happened in May 2020, during early pandemic restrictions. Vallin, 50, parked her car in a loading zone on Gladys Avenue in Long Beach to pick up groceries. Returning to her car, she stepped off the curb and into a pothole. She fell fracturing her left ankle and a sprain to her right. She underwent surgery and was hospitalized for nine days before being sent home in a wheelchair. She was diagnosed with CRPS in March 2022.

"The development of CRPS in this case underscores the cascading consequences of seemingly minor infrastructure issues," Homampour said. "Public entities must recognize that small problems left unaddressed can lead to major, life-changing injuries for citizens."

During the trial, Homampour introduced evidence that two city employees -- a street sweeper and a traffic citation officer -- regularly visited the location. Despite being assigned to that route and instructed to avoid passing the street sweeper over potholes, the series of potholes remained unrepaired.

"The real-life cost of neglecting infrastructure isn't just measured in repair bills, but in the profound impact on individuals like Eva Vazquez Vallin," Homampour said. "Her injuries serve as a stark reminder of why public entities must prioritize prompt hazard mitigation."

"When potholes take a year or more to develop, as stated by the City's own employee, it's clear that a more vigilant and responsive approach to road maintenance is needed to protect public safety," he concluded.

Loren Halpern of the Halpern Law Firm and Danielle Lincors, an associate at Homampour Law were co-counsel with Homampour.

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Douglas Saunders Sr.

Law firm business and community news
douglas_saunders@dailyjournal.com

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