Case details
City’s failure to repair sidewalk caused finger fracture: plaintiff
SUMMARY
$50000
Amount
Mediated Settlement
Result type
Not present
Ruling
KEYWORDS
finger, fracture, hand
FACTS
On May 22, 2011, at around noon, plaintiff Karen Heckler, a disabled woman in her 50s, was walking along Rexford Drive in Beverly Hills when she tripped and fell on a raised portion of the sidewalk. As a result, she fractured her left middle finger. Heckler sued the city of Beverly Hills, the county of Los Angeles and the city of Los Angeles. Heckler alleged the defendants failed to repair and maintain the sidewalk, creating a dangerous condition of public property. The city and county of Los Angeles were ultimately dismissed from the case. Thus, the matter continued against the city of Beverly Hills only. Heckler claimed that the raised portion of the sidewalk was an inch high, which caused her to trip and fall. She also claimed the city of Beverly Hills had notice of this dangerous condition, but failed to timely and properly repair it. Counsel for the city of Beverly Hills contended that the raised portion of the sidewalk constituted a trivial defect and was in plain view of Heckler. Specifically, counsel contended that the raised portion was closer to three-fourths of an inch and that it was not a dangerous condition., On the date of the accident, Heckler went to an emergency room to treat a fracture of her left, non-dominant, middle finger. The fracture was subsequently re-broken and reset with closed reduction. Heckler then followed up with some physical therapy and follow-up evaluations with an orthopedist. Heckler claimed she still experiences pain and range of motion issues in her middle finger, in that she cannot make a completely closed fist. She claimed that as a result, her ability to grip items is affected, as well as the overall use of her left hand. Thus, Heckler sought recovery of $25,000 (post-Howell) in medical costs and an unspecified amount of damages for her pain and suffering. Counsel for the city of Beverly Hills asserted that Heckler’s injury was not as severe as she alleged. Counsel also asserted that any alleged residual did not place any serious limitations on Heckler’s daily life or use of her left hand.
COURT
Superior Court of Los Angeles County, Los Angeles, CA
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