Case details

Failure to repair height differential caused trip and fall: plaintiff

SUMMARY

$1000000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
arm, brain, brain injury, carpal tunnel syndrome, damage, fracture, impairment, sensory, speech, transient ischemic attack, vision, wrist
FACTS
In April 2016, plaintiff Mary Jo Grubbs, 71, a retiree, and her husband were walking north on Park Boulevard, in University Heights. As they were traversing the southwest corner of an unmarked crosswalk at the intersection with Madison Avenue, Grubbs tripped and fell forward. She claimed she landed on her outstretched arms and struck her chin on the pavement. Grubbs sued the maintainer of the intersection, the city of San Diego. She alleged the city failed to properly maintain the crosswalk, creating a dangerous condition of public property. Grubbs claimed she tripped on a height differential between the sidewalk and the crosswalk. Plaintiff’s counsel contended that the sidewalk abruptly sloped up before getting to the change in elevation and that the danger was magnified because pedestrians needed to stop and look to the left to make sure traffic was clear. Counsel also noted that the city had admitted through one of its representatives in a prior case that a raised concrete edge over a half inch constituted a dangerous condition. Plaintiff’s counsel asserted that the city had no proactive inspection protocol and that, instead, it relied upon citizen reports/complaints of dangerous conditions before fixing them. Counsel also asserted that the city was not even following its inadequate and substandard protocol. Plaintiff’s counsel contended that there were numerous concerned citizens from the area who had previously reported the issue to the city, but that the city’s maintenance worker went to the location and claimed to have not seen a danger. Counsel contended that as a result, the condition was not repaired and remained dangerous for several months, leading up to the subject fall. Defense counsel contended that the area was not dangerous. Counsel contended that the city only received two prior complaints regarding the intersection and that the city responded to each complaint, but its crews were not able to identify the complained about issue. For example, defense counsel contended that one person complained of a “deep drop off” from the sidewalk to the street, near the gutter area, but, upon inspection, the city’s crews were unable to find any issue with the construction of the gutter. Counsel also noted that the subject portion of the intersection was only four years old and that the asphalt and concrete were smooth and in good condition. Counsel also contended that the second person complained of a deep crack in the street, but that, upon inspection, the city’s crews did not see any crack in the street. Defense counsel asserted that Grubbs did not trip and fall on any defect in the concrete or asphalt. Instead, counsel asserted that Grubbs tripped on her own accord because she failed to appreciate that she was stepping from the bottom of a cross-gutter into the street due to her inattention., Grubbs sustained fractures of the distal radius and ulna styloid in both her right and left wrist. She was immediately taken by ambulance to a hospital, where she was hospitalized for nearly a week before being discharged to a skilled nursing facility for several days. Her wrist fractures were casted and she required significant assistive care. Grubbs underwent open reduction and internal fixation of her right and left wrists, during which hardware was implanted in the right wrist. She later had the hardware removed. However, she claimed she developed carpal tunnel syndrome to her right wrist, which eventually required a carpal tunnel release. Sometime after her hospitalization, Grubbs suffered stroke-like symptoms, which she claimed was likely due to the stress and trauma of having to undergo surgery and medical care. Originally, her symptoms were attributed to the medication she was placed on immediately after the incident, but it later became clear that she had a transient ischemic attack, which resulted in a loss of vision to a small part of her visual field. Grubbs lost approximately 25 percent of her vision, which she claimed is permanent. She also claimed that she continues to have pain and limited range of motion in her wrists, but that she is managing pretty well. She also claimed that she now has difficulty with manual dexterity and fine motor skills in both hands and that her condition is permanent. Prior to her fall, Grubbs was allegedly a very active volunteer and even led a hiking club. However, she claimed the incident made her nervous about going back to doing vigorous hiking out of fear of falling again. Grubbs further alleged that she could require additional surgeries, which could include left ring and left middle finger releases, left and right thumb joint reconstruction, and right ulna shortening surgery. Grubbs’ husband, Edward Grubbs, then an 82-year-old retiree with four adult children, presented a bystander claim, alleging he suffered from emotional distress as a result of witnessing the accident. He also sought recovery for his loss of consortium.
COURT
Superior Court of San Diego County, San Diego, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case