Case details

City and school district denied notice of alleged sidewalk condition

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
arm, chest, face, facial laceration, fracture, humerus head knee, jaw, nose, of shoulders, pain, rib, shoulder
FACTS
On March 6, 2013, at around 2:30 p.m., plaintiff Lily Mata, 56, unemployed, was walking on a sidewalk around the grounds of Kit Carson Elementary School, located at 6905 Kramer Street in San Diego, when she tripped and fell. She subsequently landed on her outstretched hands and then chest, causing her to strike her chest, face, and upper abdomen. She also claimed she injured both of her shoulders. Mata sued the city of San Diego and the San Diego Unified School District. Mata claimed she tripped and fell on an uneven sidewalk. She alleged the defendants failed to timely repair the height differential prior to her fall, creating a dangerous condition of public property. Defense counsel contended that the slight difference in the sidewalk panels did not constitute a dangerous condition. Counsel also contended that there was no notice of the alleged dangerous condition, nor were there prior incidents, claims, complaints or from the subject sidewalk. In addition, the school’s principal testified that there were about 500 students who attended Kit Carson Elementary School and that no parent or relative reported the condition, expressed any concern regarding the condition, or reported any prior from the condition., Immediately after the accident, Meta was taken by ambulance to a hospital. She sustained a non-displaced fracture of the right, proximal humerus at the surgical neck and a commuted displaced fracture of the proximal third of the left humerus. She also sustained a facial laceration that required seven stitches to close. In addition, Meta claimed she suffered pain to her head, rib, jaw, and right knee. Mata claimed she continues to suffer pain in her left arm and now only has limited motion in both arms. She alleged that she cannot reach above her head and that her daily activities of cooking, cleaning and bathing have changed. Meta further alleged that in order to drive, she has to place her hands lower on the wheel than she used to.
COURT
Superior Court of San Diego County, San Diego, CA

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