At 5:45 p.m. on Nov. 13, 2013, plaintiff Paulette Calli, 68, a retiree, was walking on the sidewalk along the Park Avenue Bridge, which connects Balboa Island to Little Balboa, in Newport Beach. As Calli stepped off the bridge sidewalk into the bridge roadway, she tripped and fell, striking her knee on the roadway. She claimed to her right knee, right wrist, and her lower back. Calli sued the maintainer of the bridge, the city of Newport Beach. Plaintiff’s counsel contended that, at 19 inches, the curb was too high from the roadway and that the height differential, as well as the low lighting on the bridge, constituted dangerous conditions of public property. Defense counsel noted that the Park Avenue Bridge was designed in 1929 and that changes were only made to it in 1983. Accordingly, defense counsel asserted a design immunity defense, per Government Code § 830.6, and contended that there had been no complaints to the city in over 30 years. The defense’s human factors expert opined that there was adequate lighting to differentiate the height of the curb., Calli fractured the tibial plateau of her right knee and fractured her right wrist. She also claimed she injured her lower back. Calli was subsequently transported by paramedics to the emergency room at Hoag Memorial Hospital Presbyterian, in Newport Beach. She treated her right knee and wrist with therapy, and the wrist healed completely within a few months. However, Calli ultimately required a total knee replacement. Calli claimed that she still has back pain and that her daily activities have been diminished. She contended that as a result, she will require cortisone injections for the rest of her life in order to manage her back pain. Defense counsel noted that Calli’s wrist injury was only a hairline fracture. Counsel also acknowledged that Calli’s wrist was injured during her fall and that the knee replacement was reasonable. However, defense counsel disagreed that Calli’s back were caused by the subject incident and disputed that Calli’s back would require future medical treatment.
