La Vaughan Butler-Moore v. City and County of San Francisco
Published: Sep. 20, 2014 | Result Date: Jun. 19, 2014 | Filing Date: Jan. 1, 1900 |Case number: CGC-09-486869 Settlement – $43,000
Court
San Francisco Superior
Attorneys
Plaintiff
Brian L. Larsen
(Law Offices of Brian L. Larsen)
Albert G. Stoll Jr.
(Albert G. Stoll Jr. ALC)
Defendant
Frederick P. Sheinfield
(Office of the San Francisco City Attorney)
Celia W. Lee
(Office of the City Attorney)
Facts
LaVaughan Butler-Moore filed a lawsuit against the City and County of San Francisco in relation to an accident that happened while she was walking.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended she was walking on a public sidewalk adjacent to city-owned property, when she tripped and fell in a tree basin. Moore alleged defendant negligently owned, managed, operated and maintained the premises. Plaintiff claimed that defendants had willfully, and maliciously, failed to warn against a dangerous condition on the premises, and had constructive notice of the existence of the condition in sufficient time before the injury.
DEFENDANT'S CONTENTIONS:
Defendant argued that plaintiff failed to state a claim, failed to comply with the Government Code, was barred by the statute of limitations. Defendant claimed the Public Liability Act limited its duty, its employees acted in good faith, and plaintiff brought about her own injuries. Last, the alleged risk created by the condition presented an insignificant amount of risk of injury for those who use due care.
Result
The parties settled for $43,000.
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