Facts

Heather Goldberg tripped over a concrete protrusion in the median planting strip of the Rancho Cotati Shopping Center. A paved sidewalk was available nearby. The protrusion was part of a non-functioning water system that no longer served to feed the compacted dirt along the median. Goldberg sued the mall's owner, Sunhill Corp., and its manager, Ranch Cotati LLC, for negligent upkeep of the property.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended defendant was responsible for removing the hazardous obstruction because customers usually preferred crossing the planting strip rather than using the paved paths.

DEFENDANTS' CONTENTIONS:
The defendants contended they provided a pathway that was readily available to plaintiff. The plaintiff had to be more careful once she stepped off the sidewalk into the planter strip.

Injuries

The plaintiff suffered a shoulder fracture requiring surgery. The injury resulted in an impeded range of motion and some pain. The defendants cited plaintiff's full recovery.

Result

Unanimous verdict for plaintiff. However, because plaintiff was 65 percent liable, her $142,900 award was reduced to $50,015 to reflect her comparative negligence.

Deliberation

four hours

Poll

12-0

Length

five days