Case details

City failed to maintain septic tank in safe condition: plaintiff

SUMMARY

$15649

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
lacerations, minor burns to legs, puncture wound, right leg, right shin, scraps
FACTS
On July 10, 2013, plaintiff Linda Sharpe, 40, was walking her two dogs inside Eldorado Park, in Long Beach, when she stepped on an unsecured, steel manhole cover. As a result, the loose cover flipped open as Sharpe stepped on it, causing her to fall waist high into an abandoned septic tank’s hole, which was 10-feet deep and about 2-feet in diameter. Sharpe claimed that she injured her right leg and that she was stuck in the hole until she was able to pull herself out. Sharpe sued the city of Long Beach. The plaintiff’s expert engineer opined that the city of Long Beach owed a duty to inspect and maintain the abandoned septic tank in a reasonably safe condition and that the failure to do so created a dangerous condition of public property. He testified that the septic tank had been abandoned in 2005 and that over time, the concrete lip that the metal cover sits on began to corrode and crack due to the toxic residue in the septic tank. He also testified that the manhole cover became loose and unsecured and that it was not something a person would have noticed while walking in the park. The plaintiff’s engineer testified that once septic tanks are abandoned, by municipal law, they have to be backfilled with dirt or sand to prevent someone from falling into the hole. He also testified that manhole covers have to be made secure to prevent it from moving or flipping and that such conditions are extremely dangerous for animals and humans, especially children. In addition, he testified that there are many deaths of animals and children reported every year from falling into abandoned septic tanks. Thus, the expert opined that it was a violation of the city’s mandatory duty to leave a septic tank abandoned in an unsafe condition. Defense counsel contended that the city was not aware of the manhole’s condition and that the city did not have any reason to inspect the manhole or the septic tank., Sharpe sustained a puncture wound to her right shin, and scraps, lacerations, and minor burns to both legs. She subsequently presented to a local emergency room, where her wounds were cleaned and bandaged. Sharpe was then discharged from the emergency room that same day. Sharpe claimed that when she fell into the manhole, the cover became lodged against her legs, causing her to become stuck. She alleged that it was a very hot day, so the manhole cover was hot from the heat of the sun, causing her legs to burn while she was stuck. She also alleged that there was no one around at the time, so she became frightened and feared that her dogs would also fall into the hole. Sharpe further alleged that she remained stuck in the manhole until she was ultimately able to pull herself out. Thus, Sharpe claimed that she suffers from emotional distress and trauma as a result of the incident. Specifically, she claimed that she is afraid of falling into another hole whenever she walks in parks and that she no longer steps on manhole covers. Sharpe sought recovery of past medical costs, and damages for her past and future pain and suffering. Defense counsel argued that Sharpe only sustained minor burns and scrapes, which fully healed with no residual . Counsel also argued that Sharpe was not traumatized from the incident, as Sharpe alleged.
COURT
Superior Court of Los Angeles County, Long Beach, CA

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