Case details

Failure to perform inspection led to sidewalk fall, plaintiff alleged

SUMMARY

$475400

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
leg, limp
FACTS
On March 9, 2012, plaintiff Ethel Petrowske, 77, retired, was walking on the 19th Street sidewalk, in Costa Mesa, when she stepped on a 31×51-inch splice box lid made up of a combination of fiber glass, poly concrete resin and foam. Upon contact, Petrowske’s left foot broke through the lid and sustained a severe laceration. Petrowske sued the owner of the splice box lid, Southern California Edison Co., and the maintainer of the sidewalk, the city of Costa Mesa. Petrowske alleged that defendants failed to properly inspect and maintain the area, creating a dangerous condition. Following discovery, the city of Costa Mesa was dismissed from the case. Petrowske testified that she had walked over the lid three times before it broke. The plaintiff’s expert materials engineer examined the lid and testified to it containing water and dirt within stress cracks. Thus, plaintiff’s counsel argued that Southern California Edison had notice of the defective lid, but that Southern California Edison failed to inspect it. Counsel also called two other Southern California Edison inspectors, who confirmed that they did not inspect the subject lid and that no one within the company was charged with that duty. Defense counsel cited a record showing that a Southern California Edison grid patrol inspector had been to the subject location on Feb. 15, 2012. However, the inspector claimed that inspecting splice box lids was not part of his duties. Defense counsel argued that the splice box lid had been damaged just prior to Petrowske’s fall. Two non-party witnesses who watched the accident occur testified that they were familiar with the area, but that they had not noticed any prior defect with the lid. A city maintenance employee also testified that the city of Costa Mesa was proactive in monitoring sidewalk defects and that the city had no constructive notice of the alleged defect. Thus, counsel contended that Southern California Edison did not have prior notice of the lid’s alleged condition. Defense counsel contended that the defective condition of the lid was due to an unknown vehicle driving onto the sidewalk and compromising the lid’s structural integrity, noting that the lid could hold a minimum of 3,500-pounds. Counsel also contended that there were signs of tire marks and damage to the curb. In addition, the defense’s expert structural engineer opined that a vehicle could have caused damage to the lid, and he used a diagram to illustrate the dimensions of the vehicle that could have fit onto the sidewalk. In response, Petrowske’s counsel disputed the defense’s explanation of why the lid broke and presented photographs taken of the scene after the accident, which allegedly showed no tire marks or other signs of a vehicle on the sidewalk., Petrowske was helped out of the hole by two bystanders and taken by ambulance to the emergency room at Hoag Memorial Hospital Presbyterian, in Newport Beach. Petrowske was subsequently diagnosed with a full-thickness laceration to the top of her left foot. The laceration was sutured, and Petrowske was released later that day. Soon thereafter, Petrowske’s wound became infected, which resulted in the loss of skin on her foot. As a result, she required a debridement and treatment within a hyperbaric chamber to stimulate skin regeneration. Due to her injury, Petrowske developed a 3×5-centimeter scar on her foot. She now walks with a permanent limp and altered antalgic gait. Petrowske claimed that she suffers from chronic pain and requires use of a walker to ambulate, which causes her to be unable to enjoy recreational walking. Thus, Petrowske sought recovery of damages for her past and future pain and suffering.
COURT
Superior Court of Orange County, Orange, CA

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