Facts

On March 1, 2008, Charles Moller, age 78, tripped and fell on a sidewalk while walking in the city of Petaluma. The sidewalk was adjacent to property owned by Linda Quinn, Jay Geraci, and Heather Geraci. Moller sued the city and the property owners for premises liability. Defendant's cross-complained against one another.

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that the roots of a tree lifted the sidewalk and the tree's shadow prevented Moller from seeing the condition. Further, the property owners and the city knew of the condition. The owners had applied for an encroachment permit to remove the tree, but the permit was denied by the city.

DEFENDANT'S CONTENTIONS:
The defense alleged that the condition was open and obvious, and that plaintiff was comparatively negligent.

Damages

Moller requested $240,000 in medical expenses.

Injuries

Moller claimed emotional distress, femur fracture, a wrist injury, gastrointestinal complications, internal fixation and open reduction, physical therapy, and implanted screws. Moller's wife claimed loss of consortium.

Result

The parties settled for $300,000. The property owners agreed to pay $195,000 and the city agreed to pay $105,000.

Other Information

Allstate insured the Geracis. Medicare's lien reimbursement right was compromised by plaintiff for $14,400.