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Personal Injury
Dangerous Condition of Public Property
Trip and Fall

Patricia Romero v. City of Riverside, and Does 1 through 20, inclusive

Published: Oct. 22, 2016 | Result Date: Jun. 29, 2016 | Filing Date: Jan. 1, 1900 |

Case number: RIC1405135 Verdict –  Defense

Court

Riverside Superior


Attorneys

Plaintiff

Robert A. Rodriguez Jr.
(Rodriguez Apodaca Law Firm LLP)

Richard A. Apodaca
(Rodriguez Apodaca Law Firm LLP)


Defendant

Rebecca L. McKee-Reimbold
(Office of the Riverside County City Attorney)

Richard S. Hill


Facts

Plaintiff Patricia Romero filed suit against the City of Riverside, in relation to an alleged fall she suffered behind her apartment complex.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that on Oct. 22, 2013 at 5:30 p.m., she tripped and fell in an alleyway located behind the Casa Ramona Apartments in Riverside. She claimed she parked her car under her private car port and then fell in what she described as a pothole as she walked towards a dumpster to throw away some trash.

Plaintiff contended that she trip and fell in a pothole in an alleyway behind her apartment complex that she claimed constituted a dangerous condition of public property.

DEFENDANT'S CONTENTIONS:
Although the city owns a 20-foot right of way in the alley, it denied liability for the accident. The city contended that the rough pavement did not constitute a dangerous condition and that plaintiff actually fell on adjacent private property due to the nature and extent of her injuries and the inconsistent statements she provided.

Settlement Discussions

Plaintiff asked the jury to award $350,000. On the eve of trial, plaintiff served a CCP 998 offer for $75,000. The city previously served plaintiff with a CCP 998 offer for $25,000.

Injuries

Plaintiff fractured her left wrist, requiring internal fixation surgery. She claimed she developed complex regional pain syndrome and that as a result she could no longer use her left arm for most daily activities or employment.

Result

Defense verdict.

Other Information

The parties unsuccessfully attempted to settle this case at both mediation and Mandatory Settlement Conference. FILING DATE: May 19, 2014.

Deliberation

one hour

Length

10 days


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