Facts

Plaintiff, Karina N. Gomez, was walking with her husband down Hill Street in Hollister when she tripped and fell, breaking her ankle. Gomez sued defendant, the city of Hollister, alleging a dangerous condition of public property. Gomez claimed that she fell due to a deteriorated area of asphalt. She said she could not see the condition of the road because the street was unlit.

PLAINTIFF'S CONTENTIONS:
The plaintiff alleged that the city was aware of the danger for years and was under the duty to correct it because of the presence of a public park and city offices on that street.

DEFENDANT'S CONTENTIONS:
The defendant argued that it knew of the condition of the street because it had an inspection and street survey program in effect, but did not agree that the condition was dangerous. Rather the condition was only a minor defect. The city also claimed that whether or not the condition was dangerous, the city's response was reasonable under Government Code Section 835(b)(1) and (2), given budget constraints. Only $4.5 million was available each year for street repairs, while more than $65 million in repairs were needed.

Settlement Discussions

The plaintiff demanded $235,000. The defendant offered $35,000.

Damages

Past and future pain and suffering as well as $44,000 in past medical expenses and $12,000 in past lost wages.

Injuries

The plaintiff suffered fracture of ankle; two surgeries, one for installation of metal plate and screws and the other for removal of some screws; 24 sessions of physical therapy; depression and frustration.

Result

The jury returned a defense verdict. Defense counsel reported that although the jurors interviewed were sympathetic to plaintiff's injuries, they believed the accident was Gomez's fault and that the defect was minor at most.

Deliberation

five minutes

Poll

12-0

Length

three days