Facts

On June 6, 2009, after having completed her shift at Good Samaritan Hospital, plaintiff Welma Kolbe, 50, was on a sidewalk adjacent to a picnic area on the premises. She was unaware of the change in the elevation of the walk surface from the sidewalk to concrete pavers on the floor of the adjacent picnic area. Plaintiff made a misstep and fell face down as her left foot hit a paver, fracturing her ankle.

Defendant Balfour Beatty's predecessor in interest, Centex Rodgers Inc., and defendant Granite Construction were the general contractor and subcontractor who had created the sidewalk, which resulted in approximately an 8-inch to 12-inch vertical drop to the adjacent picnic area.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that defendants created and were aware of the dangerous condition. Defendants violated the Uniform Building Code, which did not allow for a drop off when there was a single step that exceeded 7 inches. A negligence per se instruction was given to the jury on the code violations.

DEFENDANT'S CONTENTIONS:
Defendant asserted that construction records disclosed that defendants had recognized that the condition created a trip hazard and had requested direction from the architect, who recommended the installation of an earthen fill slope from the edge of the sidewalk to the picnic area floor. There was documentary evidence that the corrective work was performed in February 2005, but later aerial photographs taken during the construction project showed no earthen fill slope. Plaintiff and defendants stipulated that when defendants left the project in late 2005 or early 2006, there was no fill slope in place adjacent to the subject sidewalk.

Defendants contended that the fill slope was removed by or at the direction of the hospital. Defendants further contended that the drop off was open and obvious; that plaintiff appreciated before she stepped down that there was a change in elevation; that her employer, Good Samaritan, should have been aware of the step down since the work performed by defendants was completed 3 and a half years earlier; and that the hospital had safety people who would walk the premises to evaluate it for safety, and therefore were negligent for not repairing the condition before the incident.

Settlement Discussions

Plaintiff made a CCP 998 demand of $924,999. Defendants made a CCP 998 offer of $350,000. Defendants increased their offer to $450,000 on the morning of closing argument, and plaintiff countered with a demand of $500,000.

Injuries

Plaintiff suffered a trimalleolar ankle fracture and now suffers from complex regional pain syndrome. Defendants claimed that plaintiff did not have complex regional pain syndrome, but rather suffered an injury to her sural nerve, which could have been repaired by surgery. As a consequence, defendants claimed that all of plaintiff's treating doctors committed malpractice and the judge allowed some of these doctors' names to appear on the verdict form.

Result

Plaintiff's verdict for $1,371,224, which included $52,432 past medical expenses; $145,300 future medical expenses; $58,852 past wage loss; $14,640 future wage loss; $225,000 past non-economic damages; $875,000 future non-economic damages. The jury also found the plaintiff to be 5 percent negligent, and the hospital to be 45 percent negligent.