Ann Alpert v. Villa Romano Homeowners Association
Published: Dec. 6, 1997 | Result Date: Oct. 31, 1997 | Filing Date: Jan. 1, 1900 |Case number: SC023767 – $0
Judge
Court
L.A. Superior Beverly Hills
Attorneys
Plaintiff
Jeffrey A. Shane
(Law Offices of Jeffrey A. Shane)
Steven Mark Klugman
(Law Office of Steven M. Klugman)
Defendant
James Grafton Randall
(Messner Reeves LLP)
Experts
Plaintiff
Gabriel Rubenenko
(medical)
Stephen C. Wexler
(technical)
Facts
On July 27, 1992, plaintiff, a 70-year-old woman, allegedly tripped on a crack in a sidewalk adjacent to the property of defendant, Villa Romano Homeowners Association. The crack was measured at 3/4 to 7/8 of an inch and was caused by a tree root. The plaintiff contended that either the tree root came from defendant's property, so they were liable, or the root came from the city parkway, and since defendant maintained the trees and parkway, it was responsible anyway. The defendant contended that the sidewalk was the responsibility of the city (the city was also sued but settled out before trial) and that the root came from the parkway. The defendant also contended that pursuant to Streets and Highway Code º5610, it was not responsible for the parkway. The defendant further contended that the simple acts of moving the grass and an occasional trimming of the tree, if any, did not impose liability upon the adjacent landowner. Finally, the defendant contended that the crack -- two elevated portions of the sidewalk -- was a trivial defect as a matter of law. The plaintiff brought this action against defendant based on negligence and premises liability theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $100,000. The defendant made no offer.
Specials in Evidence
$28,500 $30,000 (future knee surgery/replacement)
Injuries
The plaintiff claimed a medial meniscus tear of the left knee, post-traumatic chondromalacia of the left knee, fractured patella and fractured ribs as well as a fracture of the right wrist ulnate. The plaintiff had arthroscopic surgery 2+ years after the incident.
Other Information
The verdict was reached approximately three years and eight months after the case was filed. The court granted the defendants' motion for nonsuit after the plaintiff's case in chief (seven days), on the basis that there was insufficient evidence presented by plaintiff to allow the matter to go to the jury. EXPERT TESTIMONY: Plaintiff's engineering expert, Wexler, testified that he did not know where the root came from, he did not know what kind of root it was, he did not know where plaintiff was before her fall, he did not know where the root was going, and he did not perform tests to ascertain the source of the root. In addition, Wexler testified that the root that was located after the city tore up the sidewalk was under the lower portion of the two concrete slabs and it was clear that it had nothing to do with the elevated sidewalk.
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