Facts

In the summer of 2005, plaintiff Doloria Emery, a 70-year-old retiree, was waiting to begin playing golf at the William Land Park Golf Course in Sacramento. She went to use the restroom. As she exited the restroom, she tripped over an object protruding 2.25 inches from the floor. Plaintiff collided with the door frame and fell on the ground.

CONTENTIONS:
Plaintiff sued defendants, the City of Sacramento and The First Tee of Greater Sacramento, a nonprofit organization that operated the golf course. She alleged negligent maintenance of the premises. Plaintiff asserted the protrusion was a mounting bracket for a bathroom stall that had been removed. Plaintiff also asserted there was no warning signage and that the condition was not open and obvious.

Settlement Discussions

Plaintiff made demands (C.C.P. Section 998) of $60,000 from First Tee of Greater Sacramento and $60,000 from the city. Plaintiff's husband made demands (C.C.P. Section 998) of $10,000 from First Tee of Greater Sacramento and $10,000 from the city. Defendants offered (C.C.P. Section 998) plaintiff $36,000 and her husband $1,000.

Damages

Plaintiff's husband, Virgil Emery, requested an unspecified amount for loss of consortium and household services.

Injuries

Plaintiff was taken to a hospital where she was diagnosed with a displaced proximal humerus fracture. She did not have surgery but was restricted to a sling for multiple months. Plaintiff underwent extended physical therapy to increase her range of motion in her shoulder. Her doctors opined that plaintiff's range of motion would be restricted for the rest of her life. Plaintiff asserted the range of motion damage was caused by her rotator cuff being pushed back while her injury was healing. Plaintiff sought past medical bills for $3,460 and $17,600 for past pain and suffering associated with plaintiff having to wear a shoulder immobilizer and then a sling. She also sought up to $94,800 in future pain and suffering, asserting she could no longer play golf, bowl or care for her dying husband. Plaintiff's counsel requested double the amount for past and future pain and suffering associated with the emotional distress that plaintiff underwent. The defense contested the extent that the injuries affected plaintiff's lifestyle. It asserted that plaintiff was physically able to play golf, bowl and decorate her house but was not participating in these activities because her husband had been diagnosed with terminal cancer, and thus she had been deprived of her activities' partner.

Result

The jury found defendants liable for plaintiff's injuries. It awarded plaintiff $103,460 and $6,000 to her husband.

Other Information

After trial began, plaintiff advised counsel that acceptance of one 998 offer would result in dismissal of the nonaccepting party.

Deliberation

one day

Poll

9-3

Length

six days