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$2M Settlement in Premises Liability Lawsuit for Housekeeper Who Fractured Foot After Falling into a Hole

$2M Settlement in Premises Liability Lawsuit for Housekeeper Who Fractured Foot After Falling into a Hole

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Nishica Srivastava
December 10, 2024
$2M Settlement in Premises Liability Lawsuit for Housekeeper Who Fractured Foot After Falling into a Hole

Colomba Osorio v. Sierra Creek Pool and Spas Corporation et al

Case Background

On May 31, 2022, Colomba Osorio, an elderly housekeeper filed a premises liability lawsuit after she fell into an unsupervised and unmarked large hole covered by a thin plywood dug at the residence where she worked. The case was filed in the

Cause

On June 8, 2020, Colomba Osorio, a 64-year-old housekeeper, fell into a deep trench in the backyard of Amir Malekghassemi's home. The trench had been dug earlier by Sierra Creek Pool and Spas as part of a construction project to build a patio cover. Osorio had been cleaning the Malekghassemi home twice a week for some time. Upon arriving that day, she found the front door locked and decided to enter through the back, as she usually did. Osorio knew about the ongoing construction on the property. In the backyard, Osorio found a large piece of thin plywood covering the trench, located just outside the sliding back door. She testified that there were no warning signs, cones, or other markers around the plywood to indicate danger. Believing the plywood was leftover debris from the construction, Osorio thought it could pose a tripping hazard. She attempted to move it to a safer location. As she lifted the plywood and stepped forward to slide it aside, her view was blocked. She immediately fell into the trench below.

Injury

Osorio suffered fractures to four of the five metatarsals in her left foot and a fractured heel, which ultimately required a su

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Tags

premises liability
settlement
failure to warn
fall
large trench
unsupervised construction