Case details
Make up of curb constituted a dangerous condition: plaintiff
SUMMARY
$45000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
ankle, fracture, nerve, neurological
FACTS
On June 20, 2007, plaintiff Pearl Livermore, a woman in her 60s, was attending her daughter’s preschool graduation at Farnsworth Park in Altadena when she claimed she tripped and fell over a curb made of irregularly shaped rocks embedded in concrete. She claimed she injured her leg in the fall. Livermore sued the maintainer of the curb, the county of Los Angeles. She alleged that the curb presented a dangerous condition as it was made with large and irregular stones, which were covered in an organic slippery substance. Defense counsel contended that the curb did not present a dangerous condition, as a database search of claims against Farnsworth Park demonstrated that there had been no government injury claims filed against the park. The defense’s engineering expert claimed that based upon a review of the scene, none of the rocks were broken, loose, wobbly or slick. The expert further opined that based on test results using an “XL tribometer,” the rocks were not slick. Plaintiff’s counsel countered that the defense’s expert’s slip analysis did not take into account the type of footwear Livermore was wearing or whether her shoes had encountered a foreign substance that stuck to the soles., Livermore was taken from the scene via ambulance. She sustained multiple fractures to her left ankle as a result of the fall. She also claimed that she suffered nerve damage to her left leg as a result of the fractures.
COURT
Superior Court of Los Angeles County, Pasadena, CA
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