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Personal Injury
Premises Liability
Dangerous Condition of Public Property

Doris McCullom v. Taylor Memorial United Methodist Church

Published: Jul. 3, 2010 | Result Date: Apr. 23, 2010 | Filing Date: Jan. 1, 1900 |

Case number: RG08422025 Summary Judgment –  Defense

Court

Alameda Superior


Attorneys

Plaintiff

Frank M. Ennix III


Defendant

Laurie Marquis


Facts

Plaintiff Doris McCullom was walking on Adeline Street when she tripped and fell due to a raised sidewalk near the Taylor Memorial United Methodist Church (Church). McCullom filed suit against the Church, alleging premises liability for failure to warn and dangerous conditions of public property.

Contentions

PLAINTIFF'S CONTENTIONS:
McCullom contended that the Church should have known of the sidewalk's dangerous condition and had failed to provide her with a safe place to walk.

DEFENDANT'S CONTENTIONS:
The Church contended that it did not own or operate the sidewalk, which had been damaged because of trees owned by the City of Oakland. The Church further contended it had reported the sidewalk to the City numerous times.

Damages

McCullom sought medical expenses of $70,056 as well as pain and suffering damages.

Injuries

McCullom sustained soft-tissue and nerve injuries.

Result

The court granted summary judgment for the Church.


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