This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Dangerous Condition of Public Property
Trip and Fall

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

Eric A. Woosley


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


#102338

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390