Juanita Johnson v. City of Oakland
Published: Aug. 20, 2011 | Result Date: Jul. 20, 2010 | Filing Date: Jan. 1, 1900 |Case number: RG08412871 Settlement – $55,000
Court
Alameda Superior
Attorneys
Plaintiff
Defendant
Thomas S. Gelini
(Bennett Samuelsen Reynolds Allard Cowper)
Facts
Plaintiff Juanita Johnson parked her car along the curb of MacArthur Blvd. in the City of Oakland. After exiting, she walked in the direction of a nearby church. She then tripped over an exposed streetlight base and suffered injuries. She sued the city for premises liability.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the streetlight base was left unsecured and uncovered with wires, nuts, and bolts exposed without any warnings on the sidewalk area. Plaintiff denied seeing the exposed base at any time before the fall.
DEFENDANT'S CONTENTIONS:
The city contended that the streetlight base was part of an ongoing construction in the area. The city contended that the condition was open and obvious and that plaintiff was negligent in not seeing the base and avoiding it.
Injuries
Plaintiff suffered injuries to her lip and elbow, loss of a tooth, and was fractured in the rib.
Result
The parties settled for $55,000.
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