Case details

Failure to timely repair sidewalk caused trip and fall: plaintiff

SUMMARY

$250000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
back, fracture, knee, left knee, neck, patella, right shoulder, transverse process, vertebra
FACTS
On Feb. 8, 2013, at approximately 7:30 p.m., plaintiff Barbara Hamblin, 68, a retiree, was walking with a group of friends on the 3500 block of Fillmore Street in San Francisco when she tripped and fell over a raised slab of the sidewalk, which measured 1.25 inches. Hamblin claimed to her left knee and right shoulder. Hamblin sued the city and county of San Francisco. Hamblin’s counsel contended that the city and county of San Francisco owned and/or controlled the subject sidewalk and that the city and county tasked the San Francisco Department of Public Works with the inspection, maintenance and repair of the subject property. However, counsel contended that the defendant left the subject sidewalk in a dangerous condition, causing Hamblin to trip and fall over it. Plaintiff’s counsel further contended that public records suggested that the city had knowledge of the sidewalk defect in advance of the accident, but that approximately 120 days passed between the date the city became aware of the hazard and the date the Department of Public Works effectuated repairs., The San Francisco Fire Department responded to the event and transported Hamblin to California Pacific Medical Center, in San Francisco. Upon discharge, Hamblin followed up with an orthopedic surgeon. She was diagnosed with a transverse fracture of her left patella, as well as a torn rotator cuff of her right shoulder. Hamblin ultimately underwent a surgical repair of her left knee and followed up with physical therapy. Hamblin claimed she still requires surgery for her torn rotator cuff. Thus, she sought recovery of $13,780.78 in paid past medical costs (via Medicare), and $70,000 in future medical costs for surgery and treatment to her shoulder. She also sought recovery of damages for her pain and suffering.
COURT
Superior Court of San Francisco County, San Francisco, CA

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