A settlement has been reached in a premises liability lawsuit after a 2005 accident. 69-year-old Joy Jaeger was walking along a walkway in front of The Fish House Vera Cruz in
San Marcos when her foot got stuck in a pothole. Ms. Jaeger fell, resulting in a fractured elbow and facial lacerations. Her injuries required stitches to her left eye and three surgeries for an implant in her elbow. She also needed physical therapy and still suffers from pain and limited range of motion.  

Ms. Jaegar sued Butler Properties, the owner of the facility, for premises liability because the pothole caused the walkway to be dangerous. Butler Properties argued that the victim actually fell on the neighboring property.  

The case was settled for $210,000.