City’s Failure To Keep Storm Drains In Good Repair Causes Injury

Miley Legal Group

Our client, a 44 year old female, aggravated significant pre-existing degenerative conditions to her low back and knee as a result of falling in a hole. While the hole was caused by the city’s failure to keep its sewer and drain systems in good repair, the city claimed the hole was open and obvious and therefore the woman was partially at fault for the fall. Her initial diagnosis was low back strain. She was evaluated within months of the fall by a neurosurgeon. After evaluating an MRI which had been taken and noting her pre-existing spondylolisthesis, the neurosurgeon recommended physical therapy.

Approximately sixteen (16) months following the fall, she ultimately had low back surgery due to bowel and bladder incontincence, as well as significant pain. The city’s argument was that her surgery was the result of the natural progression of her pre-existing degenerative condition.