Facts

In September 2004, plaintiff Marie White was walking on the sidewalk in front of a closed car wash in Cotati. She tripped on an elevated part of the sidewalk and fell. As a result, she broke her leg. The elevated portion was approximately two inches higher than the adjacent sidewalk parts. Plaintiff sued defendant city, claiming the elevated portion was a dangerous condition. She also sued defendant Janice Frym, the owner of the property of the former car wash, and defendant Jill Kreun, defendant Frym's tenant.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that defendants Kruen and Frym had actual or constructive notice of the condition because it was close to the property. Further, the elevated portion had existed for a long time. The plaintiff also contended that defendant city also had actual or constructive notice of the condition, as every couple of months, its employees performed tasks just a few feet away from the defect.

DEFENDANTS' CONTENTIONS:
Defendant city did not have notice of the condition. Defendant city's attorney opined that a local ordinance required defendants Frym and Kruen to maintain the sidewalk. Defendant Frym asserted that according to the lease, defendant Kruen was responsible for the sidewalk.

Specials in Evidence

Plaintiff claimed $43,000. Plaintiff claimed $12,000 for past and future lost earnings.

Damages

The plaintiff claimed an unspecified figure to cover pain and suffering.

Injuries

The plaintiff fractured her right femur and had to have a partial hemiarthroplasty. She was hospitalized and underwent weeks of home health care. She also had to undergo physical therapy and take medication. Further, one leg is now shorter than the other. This condition causes her pain and weakness.

Result

The parties reached a settlement of $240,000. Of that total, $155,000 was paid by defendant city and $85,000 by defendants Kreun and Frym.