Facts

On Oct. 19, 2010, plaintiff Tina Reid, age 42, was an invited guest on the property known as The District at Tustin Legacy, a large multi-use shopping and entertainment center. It had been raining, and as Plaintiff started walking down a slopped ramp, she slipped and fell on her left knee.

Plaintiff sued for injuries, economic damages and pain and suffering.

Plaintiff's husband, Chris Reid sued for loss of consortium.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that due to the slope and length of the ramp (6.5 degree slope), the building and safety code required handrails on each side. Due to the intersection of two sidewalks and the slopes, there was improper drainage, allowing water accumulation.

DEFENDANT'S CONTENTIONS:
Defendants claimed no negligence, the area was safe, and that Plaintiff was inattentive.

Settlement Discussions

At the mandatory settlement conference, Plaintiff demanded $275,000 with no offer.

Specials in Evidence

$9,100 $1,600 $3,000-$5,000

Injuries

Plaintiff suffered a rupture of the patella tendon, a fracture of the inferior pole of the left patella and severe tear of the medial and lateral retinaculum. She was immobilized and taken to HOAG Hospital in Irvine for emergency examination and put in soft cast/brace. She underwent surgery to repair the leg one week later, followed by months of physical therapy. At time of defense medical examination, Plaintiff complained of weakness and constant throbbing pain in left knee, loss of mobility, and the presence of wire and appliance in knee and scars.

Result

After several discussions case settled for $125,000 combined.

Other Information

Defendants subsequently did install handrails on both sides. A mandatory settlement conference was held before Richard Madory, court volunteer settlement officer on date of mandatory settlement conference. FILING DATE: Oct. 31, 2011.