Facts

Gloria Jones sued the City of San Mateo and Alfred Holmes, in connection with two allegedly dangerous conditions of public property. The matter proceeded against the city only.

PLAINTIFF'S CONTENTIONS:
Plaintiff, who wore a right knee brace, alleged that on May 9, 2011, as her husband was assisting her out of their vehicle the curb buckled underneath her, causing her to fall backward against her vehicle. She sustained multiple injuries as a result of that fall. Then, several months later on Feb. 16, 2012, plaintiff was walking across a planting strip area in another area of the city, she stepped into a hole, injuring her right knee and ankle. Plaintiff sued the city, which owned and maintained the curb and jointly owned the planting strip area. She also sued the other joint owner of the planting strip area, Holmes, but he was eventually let out of the case. Plaintiff accused defendants of failing to properly maintain the curb and the planting strip, which created dangerous conditions. Plaintiff alleged that the city had notice of the dangerous condition of the curb because she previously filed a complaint with the city about its condition. Although the city performed some repairs on it, the repairs were performed negligently, contributing to the current incident.

DEFENDANT'S CONTENTIONS:
The city denied having any prior knowledge about the alleged defects. The city disputed her claimed injuries.

Settlement Discussions

Jones made a CCP 998 demand of $75,000. The City countered with a CCP 998 offer of $45,001.

Injuries

Jones claimed a rotator cuff tear from the 2011 fall and a thumb injury. Jones claimed it also exacerbated her pre-existing knee injury. She underwent surgery to repair the rotator cuff tear in 2013. Jones claimed she exacerbated her right knee injury as a result of the subsequent 2012 fall.

Result

The jury rendered a verdict in favor of the city on both incidents. The jury found the 2011 curb incident was not reasonably foreseeable and the city did not have notice of the planting strip condition causing the 2012 incident.

Other Information

Defendant filed a cost bill of $51,701.32 the court awarded $45,571.32. Plaintiff filed a Motion for New Trial, which the court denied.

Deliberation

seven hours

Length

six days