Case details

Defense claimed location of fall not owned or controlled by city

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
fracture, knee, tibial plateau
FACTS
In 2014, plaintiff Carol Gedney, a retiree in her 60s, was walking on the apron (driveway) of the Hollywood & Highland shopping center, entering the mall at Highland Avenue, in Los Angeles, when she tripped and fell. She sustained to a knee. Gedney sued the believed maintainers of the apron, the city of Los Angeles, the county of Los Angeles, the city of West Hollywood and SP Plus Corp. Gedney alleged that the subject location constituted a dangerous condition of public property and that the defendants failed to repair the condition. SP Plus Corp. settled out of the case, while the city of West Hollywood and the county of Los Angeles were let out of the case. The matter continued against the city of Los Angeles only. Gedney’s counsel contended that vehicular traffic caused the concrete apron in the driveway to become uneven and that the city of Los Angeles failed to repair the dangerous condition, causing Gedney to trip and fall. Defense counsel argued that the location where Gedney fell was not owned or controlled by the city of Los Angeles., Gedney sustained a fracture of a knee’s tibial plateau. She was immediately taken to a hospital and ultimately underwent surgery, during which hardware was placed. Gedney claimed that due to her , her activities are now more difficult to do. She also claimed that she will eventually need another surgery to have the hardware removed within 10 years. Gedney sought recovery for her past and future medical costs, and past and future pain and suffering. Plaintiff’s counsel asked the jury to award Gedney $2 million in total damages.
COURT
Superior Court of Los Angeles County, Santa Monica, CA

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