Case details
Woman fell on sidewalk, claimed knee and shoulder injuries
SUMMARY
$100000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
fracture, knee, patella
FACTS
On April 17, 2019, plaintiff Nadezhoa Oshmansky, 73, a schoolteacher, fell while she was traversing a sidewalk that abutted Geary Boulevard, between Ninth and 10th avenues, in San Francisco. She claimed that she suffered of a knee and a shoulder. Oshmansky sued the sidewalk’s maintainer, the City and County of San Francisco, and another entity believed to be a maintainer of the sidewalk, AT&T Inc. The lawsuit alleged that the defendants were negligent in their maintenance of the sidewalk. The lawsuit further alleged that the defendants’ negligence created a dangerous condition that caused Oshmansky’s fall. The City and County of San Francisco took responsibility for the maintenance of the sidewalk, so AT&T was never involved in the case. Oshmansky claimed that her fall was a result of her having tripped on a raised section of the sidewalk. Plaintiff’s counsel contended that the defective area was displaced to heights ranging between 0.75 inches to two inches. Plaintiff’s counsel also contended that the city and county had been aware of the defect for years, in that the defect had been marked for repair. The defense did not dispute liability., Oshmansky was transported to a hospital, where a doctor diagnosed a fracture of a knee’s patella. Oshmansky claimed that she also suffered an injury of a shoulder. Oshmansky underwent open reduction and internal fixation of her knee fracture. She later required surgical removal of the fixation hardware. Oshmansky claimed that she also experienced shoulder pain after the incident, but that she did not mention any issue with the shoulder during conversations with her medical practitioners because of the knee injury’s severity. Oshmansky claimed that she may require physical therapy for her injured knee. She also claimed that she may require medical evaluations regarding her injured shoulder. Oshmansky claimed that she suffered $5,300 in lost wages, but she did not seek recovery of that amount since she had intended to retire. She sought recovery of $28,000 to $30,000 for past medical expenses, an unspecified amount for future medical expenses, and unspecified damages for past and future pain and suffering. Defense counsel contended that Oshmansky did not suffer a shoulder injury from the incident.
COURT
Superior Court of San Francisco County, San Francisco, 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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