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Personal Injury
Dangerous Condition of Public Property
Slip and Fall

Tamara Josi v. City and County of San Francisco

Published: Aug. 23, 2008 | Result Date: Feb. 11, 2008 | Filing Date: Jan. 1, 1900 |

Case number: CGC-07-463219 Settlement –  $75,000

Court

San Francisco Superior


Attorneys

Plaintiff

Guy A. Wilson
(Law Office of Guy A. Wilson)


Defendant

Andrew M. Gschwind
(Santa Clara Valley Water District)


Facts

On Aug. 21, 2006, plaintiff Tamara Josi, a retired woman in her early 60s, tripped and fell on an uneven sidewalk while walking on Pine Street in San Francisco. She sued defendant city and county of San Francisco for premises liability.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff contended the uneven sidewalk was caused by a two-inch upraised panel and constituted a dangerous condition of public property. The defendant negligently failed to maintain the property and timely inspect the sidewalk. Roots from city-owned trees caused the sidewalk to become uneven, causing plaintiff's fall.

DEFENDANT'S CONTENTIONS:
The defendant contended plaintiff was contributorily negligent and the state of the sidewalk was not so egregious as to constitute a dangerous condition. The defendant did not dispute plaintiff's claimed medical damages.

Specials in Evidence

$50,000

Injuries

Plaintiff sustained multiple injuries, including scratches on her face; compound fracture of left wrist on the dominant arm; chipped tooth; facial lacerations around the mouth; reduction with internal fixation to insert pins and plate in the wrist; external fixator device to immobilize the arm; residual soreness; and a cosmetic scar.

Result

The case settled for $75,000.


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