Facts

Plaintiff Barbara McDaniel is a real estate agent working out of the Coldwell Banker office located at the Courtyard at the Commons shopping center in Calabasas, California. The Courtyard at the Commons is owned by defendant Calabasas Courtyard, Inc. and managed by Defendant Madison Marquette. Defendant Popular, Inc. leases a space in the Courtyard and operates a clothing store at that location. Plaintiffs' office is located in the corner of the courtyard's "L" shaped layout.

On Aug. 4, 2004, plaintiff parked her car in the public lot at the Courtyard and exited her vehicle. Plaintiff was walking towards her office and traveling from the asphalt-paved parking area onto the flagstone-paved courtyard when she encountered a large portable sign advertising a sale at the defendant Popular's store. The sign had been attached by defendant Popular to a metal clothing rack, which was sitting on a wheelbase set perpendicular to the rack. As plaintiff attempted to maneuver around the sign, her foot became stuck on or under the sign's wheelbase and she was caused to fall onto the flagstone walk. Plaintiff sustained a fracture to her left foot (5th metatarsal), a fracture of her right patella (knee cap), and broken ribs. Plaintiff claimed general damages for pain and suffering and medical expenses in the amount of $3,821.29.

PLAINTIFF'S CONTENTIONS:
Plaintiff asserted that the sign was constructed and placed in the walkway in such a manner that created a trip hazard and an unsafe condition on defendants' property.

DEFENDANT'S CONTENTIONS:
Defendant contended that the sign did not create a trip hazard and was an open and obvious condition that a reasonable person could have avoided.

Settlement Discussions

Plaintiff's demand: $85,000. Defendants' Offer: $5,000

Damages

Plaintiff sustained a fracture to her left foot (5th metatarsal), a fracture of her right patella (knee cap), and broken ribs. Plaintiff claimed general damages for pain and suffering and medical expenses in the amount of $3,821.29.

Result

Verdict, $73,821 (gross). Plaintiff found 40 percent at fault; verdict was thus reduced to that percentage of liability ($44,292.60).

Deliberation

one day

Length

five days