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Personal Injury
Premises Liability
Trip and Fall

Tarzana Regional Medical Center v. City of Los Angeles c/w Sharon Johnson v. City of Los Angeles

Published: Jul. 26, 1997 | Result Date: Mar. 31, 1997 | Filing Date: Jan. 1, 1900 |

Case number: LC030757 c/w LC031799 Verdict –  $0

Judge

Richard A. Adler

Court

L.A. Superior Van Nuys


Attorneys

Plaintiff

Scott D. Miller
(Sullivan & Cromwell LLP)

Robert M. Moss
(Law Office of Robert M. Moss)


Defendant

Marci Bolter

James R. Birmingham


Experts

Plaintiff

Stanley E. Scholl
(medical)

Stephen P. Kay
(medical)

Defendant

Michael S. Varat
(technical)

Facts

On Feb. 8, 1994, plaintiff Sharon Johnson, a 47-year-old hospital accounting clerk, left Tarzana Medical Center, where she worked, to make a bank deposit. On the way to her car, she tripped and fell at the site of a previous asphalt repair of sidewalk displacement on Nestle Street. The plaintiff claimed the defendant city of Los Angeles' parkway tree caused a section of the sidewalk to be displaced, and that even after the city's asphalt repair, there was a 1-inch to 2-inch displacement between one section of sidewalk and the next. The defendant property owner Gerda Friend owned the adjacent rental property. The plaintiff brought this action against the city and the property owner based on negligence and dangerous condition of public property theories of recovery. Plaintiff Tarzana Medical Center sought subrogation for workers' compensation payments.

Settlement Discussions

The settlement discussions were not disclosed.

Specials in Evidence

$_________ (paid by workers' compensation) $____________ $____________ $20,000 to $25,000

Damages

Plaintiff Tarzana Medical Center sought recovery of $71,200 in workers' compensation payments.

Injuries

Plaintiff Johnson claimed she suffered a fracture of her right shoulder. She underwent hemiarthroplasty of her shoulder, but it was not successful. Plaintiff Johnson claimed future surgery was needed.

Other Information

The verdict was reached approximately two years after the case was filed. The defendant property owner settled for $6,000 on the third day of trial.

Deliberation

10 hours

Length

6 days


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