Case details
Failure to repair raised sidewalk caused fall, plaintiff alleged
SUMMARY
$75000
Amount
Mediated Settlement
Result type
Not present
Ruling
KEYWORDS
arm, fracture, wrist, wrists
FACTS
On May 12, 2012, at approximately 9 a.m., plaintiff Joanne Gonzales, 75, a retiree, was walking on a sidewalk along Glenfeliz Boulevard, in Los Angeles, when she tripped and fell in front of 3713 Glenfeliz Boulevard. Gonzales fell forward and landed on her hands, sustaining fractures to both wrists. Gonzales sued the believed maintainers of the sidewalk, the city of Los Angeles and Alexander Chung, the owner of the home located at 3713 Glenfeliz Boulevard. Gonzales alleged that the defendants failed to properly repair and/or maintain the sidewalk, creating a dangerous condition of public property. Chung was voluntarily dismissed from the case early in the proceedings. Gonzales claimed she tripped and fell over a raised portion of the sidewalk, which measured approximately 3 inches. Plaintiff’s counsel asserted that the city, as owner of the sidewalk, had both actual and constructive notice of the sidewalk’s dangerous condition. Counsel contended that the homeowner, Chung, had sent a letter to the City Council about the sidewalk’s condition, but that the city failed to respond and repair the defect. The city refuted Chung’s contention that a letter was sent to the City Council regarding the uplifted sidewalk and asserted that the homeowner could not provide any evidence that the letter was sent. The city also contended that financial constraints resulted in delays to several sidewalk repairs. However, the city’s counsel contended that Gonzales admitted that she never looked down to see where she was walking and that there were many other sections of the sidewalk in similar condition that Gonzales was able to avoid. Thus, counsel asserted that Gonzales was at fault for failing to avoid an open and obvious condition., Gonzales injured both wrists and presented to an emergency room after the incident. She was diagnosed with a non-displaced fracture of her right distal radius; a comminuted, intra-articular fracture of her left distal radius; and a fracture of her left ulnar styloid. Gonzales’ right wrist was casted for approximately six weeks and, on May 24, 2012, she underwent open reduction and internal fixation surgery on her left wrist. She also underwent a few sessions of physical therapy to further treat her left wrist post-surgery. Gonzales contended that she still experiences occasional, residual pain to her left wrist, while her right wrist has mostly healed. However, she claimed she has no major restrictions in use and does not seek any further treatment. Thus, Gonzales sought recovery of $55,557 in billed medical costs ($7,500 paid). She also sought recovery of damages for her pain and suffering. The city’s counsel did not dispute the severity of Gonzales’ wrist .
COURT
Superior Court of Los Angeles County, Los Angeles, CA
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