Facts

On Oct. 21, 2006, plaintiff Jean Goode, age 84, was shopping at the Westfield Century City mall and tripped over the base of an umbrella stand. She sustained a serious fracture of her left elbow and lacerations to her hip. The plaintiff brought suit against Westfield.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the umbrella stand constituted a hazard because it was located in a heavily traveled area immediately adjacent to store windows filled with display items, which diverted her attention.

The plaintiff's accident reconstruction expert, Taryn Johnson, testified that Westfield should have anticipated that its patrons would be "window shopping" in the outdoor sections of the mall and would not be paying close attention to objects in their path that might constitute trip hazards.

DEFENDANT'S CONTENTIONS:
Westfield contended that the umbrella and the umbrella stand were similar to other outdoor umbrellas commonly found in malls, shopping centers and other outdoor facilities. Westfield also contended that it had a reputation for running well-maintained and supervised malls. It further claimed that the umbrella and stand presented no more of a trip hazard than benches, trash receptacles and other items commonly found in outdoor settings.

Westfield further contended that the umbrellas had been placed in the same or similar locations for an extended period of time and that, despite the use of the mall by thousands of patrons, there were no claims for injuries by any other patrons for similar accidents.

Settlement Discussions

The plaintiff demanded $275,000, reduced to $225,000 shortly before trial. The defendant offered $15,000.

Specials in Evidence

$70,000

Result

The case settled after mediation for $40,000.