Case details

Plaintiff claimed unrepaired waterline caused slip and fall

SUMMARY

$568991

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
elbow, fracture
FACTS
At approximately 12:30 p.m. on Oct. 24, 2010, plaintiff Laurence Tietz, 61, an unemployed software engineer, was visiting Rose Hill Park at 3606 North Boundary Avenue in Los Angeles when he slipped and fell on a watery area of grass. He claimed to his right arm and elbow from the fall. Tietz sued the owner of Rose Hill Park, the city of Los Angeles. He alleged that the defendant negligently maintained its premises, creating a dangerous condition of public property. Tietz claimed he slipped and fell due to water that had been accumulating in the grass as a result of a waterline that remained broken for many months, which was also not barricaded. Thus, he claimed that the city had notice of the dangerous condition, but failed to timely repair the waterline and properly maintain the area. The city claimed that it had no notice of any alleged broken water line or watery area of grass, and denied there being any such dangerous condition., After the slip and fall, Tietz was taken by his wife to an emergency room. He suffered a dislocation fracture of the right, dominant elbow and ligament damage of the right arm. The elbow joint was subsequently relocated, but he ultimately underwent open reduction and internal fixation surgery for his fracture. Tietz claimed he now has a decreased range of motion in his left arm and elbow, as well as increased pain and discomfort. Thus, he alleged he is restricted in all activities of daily living. Tietz claimed $31,476 in past medical costs and asked the jury for $573,991 in total damages. Tietz’s wife, Leslie, dismissed her loss of consortium claim prior to trial.
COURT
Superior Court of Los Angeles County, Central, CA

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