Myrle Mackintosh v. State of California, Dept. of Transportation, Caltrans, County of Los Angeles
Published: Oct. 29, 2005 | Result Date: Jun. 29, 2005 | Filing Date: Jan. 1, 1900 |Case number: GC030028 Verdict – $0
Judge
Court
L.A. Superior Pasadena
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Stephen C. Wexler
(technical)
Defendant
Edward Nahabedian
(technical)
Facts
On Feb. 3, 2002, plaintiff Myrle Mackintosh, 77, accompanied her family to the Angeles National Forest where her grandchildren were looking to play in the snow. They pulled off State Route 2 at a turnout near post-mile marker 54.10. About 115 feet from the highway, near the center of a semi-circular turnout, was a restroom. The restroom was about 60 feet from the boundary of the right-of-way granted to the State by the federal government where State Route 2 had been built. Thus, both the turnout and the restroom were on federal property. A few days before the plaintiff and her family stopped there, the turnout had been plowed by the state. As a result, piles of snow outlined it. While walking between these piles of snow, after using the restroom, the plaintiff slipped on snow and ice and fell. The plaintiff sued the defendants, the California Dept. of Transportation and the County of Los Angeles. She alleged her injuries were caused by a dangerous condition of public property for which they were responsible. The plaintiff also brought a separate action against the federal government as owners of the property. That action is still pending. After determining that the county had no connection with or responsibility for the property, the plaintiff voluntarily dismissed it from the suit.
Settlement Discussions
The plaintiff made a demand of $75,000; defendant's offer was $30,000.
Injuries
The plaintiff alleged her left tibia and fibula were fractured in five places. She sought $26,000 for medical expenses and $200,000 for pain and suffering.
Result
The jury found in favor of the defendants.
Deliberation
1.25 hours
Poll
10-2
Length
four days
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