Case details

Plaintiff claimed gutter was too deep, causing trip and fall

SUMMARY

$33000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
fibula, fracture, leg
FACTS
On July 17, 2017, plaintiff Yvonne Ellis, 57, a home health provider, was walking on a sidewalk along Jennings Street, near the intersection with Fitzgerald Avenue, in San Francisco, when she allegedly tripped and fell. Ellis sustained an injury to her right leg. Ellis sued the owner and operator of the sidewalk, the city and county of San Francisco. Ellis alleged that San Francisco was negligent in repair and/or maintenance of the sidewalk, creating a dangerous condition of public property. Ellis’ counsel contended that near the subject intersection, there was a depression in the gutter of the street that measured 2-and-three-quarter inches deep, which caused the pavement to be uneven. Counsel asserted that the gutter was too deep and that San Francisco failed to repair the dangerous condition, causing Ellis to trip and fall over the depression., Ellis claimed she sustained a spiral fracture of the right fibula. She was not taken to a hospital after the alleged incident, but she was later diagnosed with the fracture. She ultimately underwent internal fixation surgery. Ellis claimed that she could not work during the time it took for her to recover and that she lost approximately $5,700 in wages. She also claimed that she continues to have pain, but that leg does not require future treatment, as it was not indicated. Ellis sought recovery of approximately $5,700 in past loss of earnings, and an unspecified amount of damages for her past and future pain and suffering.
COURT
Superior Court of San Francisco County, San Francisco, CA

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