Wayne Wilcox v. City of Santa Barbara
Published: Dec. 24, 2010 | Result Date: Feb. 2, 2010 | Filing Date: Jan. 1, 1900 |Case number: 1306126 Verdict – $68,270
Court
Santa Barbara Superior
Attorneys
Plaintiff
Defendant
Tom R. Shapiro
(Office of the Santa Barbara City Attorney)
Experts
Plaintiff
Mark S. Sanders Ph.D.
(technical)
Roy Harthorn
(technical)
Defendant
Anthony C. Stein Ph.D.
(technical)
Facts
Plaintiff bus driver for MTD sued the City of Santa Barbara alleging dangerous condition of public property. Plaintiff stepped off his bus at a bus stop onto a sidewalk that had a 17/18 elevation differential. Plaintiff fell to the ground and broke his ankle.
Contentions
PLAINTIFF'S CONTENTION: Plaintiff contended that the sidewalk elevation differential created a dangerous condition.
DEFENDANT'S CONTENTIONS:
Defendant contended that the condition was not dangerous and that it had no notice of the allegedly dangerous condition since no other accidents had occurred in the area. Defendant further contended that the fall was a result of plaintiff's own negligence.
Injuries
Plaintiff broke his ankle and was unable to work for 4.5 months.
Result
The jury awarded plaintiff $68,270 to cover $38,270 for special damages and $30,000 for general damages. The jury did not find plaintiff contributorily negligent for the incident.
Deliberation
3.5 hours
Length
four days
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