Case details

Defense claimed sidewalk’s condition was not dangerous

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
arm, fracture, radius wrist, wrist
FACTS
On March 23, 2016, plaintiff Mary Brown, 67, a sales manager, parked her car in a residential neighborhood in San Rafael. As she was walking on a sidewalk, she tripped and fell forward. Brown sustained to her wrists. Brown sued the believed maintainer of the sidewalk, the city of San Rafael. Brown alleged that the sidewalk constituted a dangerous condition of public property and that the city was on notice of the alleged condition and failed to timely repair the sidewalk. Brown claimed that she tripped on an uplift in the pavement that she was walking on and that the city failed to timely repair the dangerous condition. Defense counsel argued that Brown could not claim general notice, as plaintiff’s counsel needed to show substantially similar circumstances. The court agreed with the city and ruled in limine that plaintiff’s counsel was not permitted to introduce evidence of other sidewalk lifts. Defense counsel contended that the city responded to the report of Brown’s accident the following day and repaired the sidewalk uplift with an asphalt patch. However, as a result of the asphalt patch, no experts were able to measure or examine the height of the uplift until the repair was removed to allow experts to examine the uplift. Defense counsel argued that since Brown was deposed on the exact location of her alleged trip and fall, the city was able to contend that the uplift at the subject location measured less than an inch., Brown sustained a distal radius fracture to both wrists. She was taken to a hospital, and she ultimately underwent open reduction and internal fixation surgery on her wrists. Brown claimed that despite the surgery, she may need physical therapy, injections and/or surgery in the future. Brown sought recovery for her past and future medical costs, and past and future pain and suffering.
COURT
Superior Court of Marin County, Marin, CA

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