Facts

While attending the Latino Community Alliance's Middlefield Cultural Festival in the County of San Mateo, Sonia Venegas, 28, allegedly tripped and fell on an orange electrical cord that ran through Middlefield Road. No one witnessed the fall. Venegas, who was wearing three-inch platform shoes at the time of the fall, began experiencing instability and numbness in her left ankle a few months before. As a result, the fall allegedly exacerbated her condition. Venegas refused transportation to the hospital. She went to Kaiser Hospital in Redwood City for treatment and was diagnosed with a left ankle sprain. Venegas, who worked as a receptionist, took 46 days off work. She sued the County of San Mateo, alleging premises liability.

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed she did not see the cord prior to falling and did not know who it belonged to. She also claimed that although her job as a receptionist required that she sit at her desk, she would occasionally have to get up and walk down a hallway.

DEFENDANT'S CONTENTIONS:
The defendant claimed that the street where the plaintiff fell was not the property of the county. Further, the county did not have notice of the condition. In addition, the defendant contended that the cord was not a dangerous condition and that the plaintiff was comparatively negligent for wearing three-inch platform shoes. Concerning her decision to take 46 days off work, the defendant contended that the plaintiff could have returned to work sooner and should have mitigated her damages accordingly. The plaintiff's treating physician, Srinivas Ganesh M.D., testified that the plaintiff could have returned to work a month and a half sooner than she did. He further testified that he could not determine if the fall caused disfigurement because the plaintiff had suffered prior sprains to her ankle.

Specials in Evidence

The plaintiff sought lost wages for the 46 days of missed work.

Injuries

The plaintiff claimed she suffered an ankle sprain, permanent disability and disfigurement, as well as weakness.

Result

Defense verdict. The defendant was awarded $1,572 in costs.