Confidential
Settlement – $160,000Judge
Court
Santa Barbara Superior
Attorneys
Plaintiff
Defendant
Michael M. Youngdahl
(Office of the Santa Barbara County Counsel)
Facts
On September 19, 1993, Plaintiff, a 76-year-old retiree was visiting Defendant homeowner's premises, for the first time. She stepped out of the rear passenger seat door and had to traverse a 4-foot square concrete parkway that a former homeowner had installed between the curb and the sidewalk. The concrete was displaced by 2 to 4 inches on each end by an adjacent liquid-amber tree. The tree had also raised the sidewalk in relation to the walkway. Plaintiff stumbled and fell. Although the Defendant county did not own or have responsibility for maintaining the sidewalks or pathways, the Cross-defendant homeowner did complain to the Defendant county by letter, as early as 1988, about the damage being caused by the tree; and the tree was owned and maintained by the Defendant county. At the time, the county responded in writing promising to correct the problem, but the repairs were never made.
Settlement Discussions
Plaintiff contends she demanded $225,000 and Defendants offered $130,000.
Specials in Evidence
$83,000 not disclosed
Injuries
Fractured left hip requiring hip replacement surgery; the development of an infection at the site required surgical debridement; future hip replacement has been recommended.
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