Facts

Alanna Andrus sued the City of Redwood City, in connection with a trip and fall incident that occurred on morning of June 9, 2012.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that she tripped and fell as she exited her car that was parked in a municipal parking lot in downtown Redwood City. Plaintiff alleged that she tripped from a sprinkler head riser, causing her to fall forward and hit the crosswalk. She sustained an injury as a result and sued the city for premises liability. The city's employees testified in deposition they had no evidence that plaintiff did not use due care when traversing the tree well and that the city expected people to walk where plaintiff walked.

Plaintiff contended that the antiquated and abandoned sprinkler was next to an exposed rebar and created a dangerous condition of public property. As such, defendant was liable for her injuries.

DEFENDANT'S CONTENTIONS:
Defendant contended that the path plaintiff took did not constitute a dangerous condition because it presented no risk of substantial injury if used with due care. Defendant also contended that it had no prior notice of the allegedly dangerous condition. As such, defendant denied liability.

Settlement Discussions

Andrus made a CCP 998 demand of $399,999, which the city countered with a CCP 998 offer of $150,000.

Damages

Andrus sought $171,000 in past medical expenses, between $18,000 and $72,000 in future medical expenses, $6,647 in past lost wages, and $384,376 in lost earning capacity.

Injuries

Andrus claimed she fractured the pinky finger in her right, dominant hand and underwent surgery to repair it. However, despite numerous surgeries, plaintiff claimed, doctors were not able to restore movement to her pinky finger. Andrus developed arthritis in the finger, which caused her pain. She further alleged that her injuries impacted her ability to work or perform daily activities.

Result

The parties settled for $199,000 on the first day of trial.

Other Information

FILING DATE: July 9, 2013.