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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