Case details

Defense: Plaintiff failed to avoid clearly visible wheel stop

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
fracture, wrist
FACTS
On May 5, 2010, plaintiff Carol Leland-Harris, 69, presented to Rancho San Diego Elementary School in El Cajon to pick up her grandchild. She parked in the parking lot, exited her vehicle and proceeded through the parking lot toward the school when she fell on a painted black wheel stop in front of an adjacent parking space. The adjacent parking space had also been painted black with a large pink “Z’ in the center and pink lines at the upper corners, as well as had the word “Reserved” written in pink lettering on the wheel stop. Leland-Harris injured her right wrist and shoulder from the fall. Leland-Harris sued the Parent Teachers Association for the school, The California Congress of Parents Teachers and Students Inc. and Rancho San Diego Parents Teachers Association, as well as the school’s operator, the Cajon Valley Union School District. It was discovered that the school district authorized the PTA to auction the parking spot as part of an annual Fall Festival with the knowledge that the winning bidder would, in all likelihood, paint the parking space and wheel stop. A parent then painted the parking space and wheel stop after winning the Rancho San Diego PTA auction. As a result, it was determined that the PTA could not be held liable for the negligence of a volunteer. Thus, the only cause of action against the defendants was for dangerous condition of public property. The California Congress of Parents Teachers and Students Inc. and Rancho San Diego Parents Teachers settled with Leland-Harris a few weeks before trial, and the matter continued against the Cajon Valley Union School District only. Leland-Harris claimed that the wheel stop blended with the asphalt and constituted a dangerous condition in the public lot. The plaintiff’s safety expert opined that the letters on the wheel stop created a visual clutter to Leland-Harris, such that it was not clearly visible. The school district contended that Leland-Harris was not looking where she was going and that she should have easily seen the wheel stop. The defense’s human factors expert opined that the wheel stop was clearly visible and that Leland-Harris should have been able to see it if she had been watching where she was walking., The trial was bifurcated. Thus, damages were not before the court. After the incident, Leland-Harris was taken to a hospital by her daughter-in-law. Leland-Harris sustained various contusions, a fractured wrist of her dominant right hand, and a torn rotator cuff, also on her dominant side. She subsequently underwent a number of surgeries to repair the rotator cuff tear, implant hardware in her wrist and, later, to take out the hardware. Leland-Harris claimed extensive limitations, including permanent problems with range of motion. Defense counsel did not dispute Leland-Harris’ .
COURT
Superior Court of San Diego County, El Cajon, CA

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