Facts

On Feb. 5, 2011, plaintiff Donna La Notte, a 59-year-old cashier, went to the Verdi Club as an invited guest to attend an annual crab feed. She arrived after dark between 6:30 p.m. to 6:45 p.m. and found the paved parking lots were full. She parked in the gravel overflow parking lot located north of the Verdi Club building.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended there was no lighting in the overflow lot. The dominant lighting in the area was provided by a single 400-watt halogen spotlight located on the roof of the Verdi Club, directed towards the north. As plaintiff walked towards the club building, this light was directly in her eyes. As plaintiff was walking from the overflow lot towards the paved parking lot, between parked cars, she tripped over a concrete wheel stop and fell to the pavement.

Plaintiff claimed the hidden wheel stop in a known pedestrian walkway constituted a dangerous condition, especially due to shadows created by poor lighting.

DEFENDANT'S CONTENTIONS:
Defendant claimed that parking curbs are common in most parking lots and are open and obvious to anyone walking between parked cars.

Settlement Discussions

Plaintiff made a CCP 998 demand of $250,000. Defendant made a CCP 998 demand of $50,001.

Specials in Evidence

$28,254

Injuries

Plaintiff suffered injuries to both knees and was diagnosed with significant reactive edema in the patellofemoral compartment with chondral wear.

Result

Defense verdict.

Length

eight days