Facts

On Sept. 24, 2006, Michelle Brown, 46, tripped and fell on a speed bump located in the Logan Park Apartments (Logan Park) in Fremont. Numerous lights in the vicinity of the speed bump were malfunctioning. Complaints had previously been made to Logan Park by Brown and other tenants regarding the malfunctioning lights.

PLAINTIFF'S CONTENTIONS:
Brown claimed that the malfunctioning lights created a dangerous condition, which caused her to trip over the speed bump resulting in injuries to her right foot and ankle.

DEFENDANT'S CONTENTIONS:
Logan Park contended that Brown's injuries were the result of her own negligence.

Settlement Discussions

During settlement negotiations, Brown offered to settle for $8,000, while Logan Park offered to settle for $4,000.

Damages

Brown claimed that, as a result of the injuries, she incurred past medical expenses of $6,400 and would incur future medical expenses of $5,200. She also sought an unspecified amount for her pain and suffering.

Injuries

Brown claimed to have suffered multiple injuries to her foot and ankle including plantar fascitis, aggravation of a pre-existing tendonitis, and complex regional pain syndrome. She had X-rays taken and was placed in a CAM walker. The defense claimed that Brown did not suffer, as she alleged, complex regional pain syndrome and that the remaining injuries were pre-existing conditions and not the product of the fall.

Result

The jury unanimously found that Logan Park was negligent but that its negligence was not the cause of Brown's injuries.

Deliberation

25 minutes

Poll

12-0

Length

five days