Case details
Pedestrian claimed failure to repair sidewalk caused fall
SUMMARY
$550000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
blindness, one eye, right eye, sensory, speech
FACTS
On Jan. 11, 2012, at noon, plaintiff Elaine Goldberg, 80, retired, was walking on the sidewalk of Lasky Drive, in Beverly Hills, when she tripped and fell forward on an uneven sidewalk in front of Maison 140, a hotel. Goldberg sustained to her right eye. Goldberg sued the city of Beverly Hills, Loft Real Estate, The Maison 140 Hotel, Seville Real Estate, and Viceroy Hotel Group. Goldberg contended that there was a 1 and 3/4-inch height discrepancy in the sidewalk and that the city failed to timely maintain or repair the sidewalk, creating a dangerous condition of public property. She also contended that the condition existed for at least two years. In addition, Goldberg contended that The Maison 140 Hotel, and its owners and operators, should have known about the dangerous condition outside the front door of the hotel, but failed to do something about it. The Maison 140 Hotel, along with Loft Real Estate, Seville Real Estate, and Viceroy Hotel Group, were ultimately dismissed from the case after settling for a nominal amount. Thus, the matter continued against the city only. The city contended that the height discrepancy was not dangerous and that it was “open and obvious.” It also contended it did not have actual or constructive notice of the condition., Goldberg struck her face and ruptured the globe of her right eye. Paramedics subsequently took her to her ophthalmologist’s office, and then to an emergency room. Goldberg underwent surgery for the rupture, but her vision never returned. Thus, she is legally blind in her right eye. Goldberg claimed her life is now restricted, as she no longer drive and has become reclusive.
COURT
Superior Court of Los Angeles County, Los Angeles, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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