Facts

Plaintiff sued the City of San Diego after she tripped and fell while walking near 4th Ave. and Quince St., in San Diego.

PLAINTIFF’S CONTENTIONS: Plaintiff contended that she tripped over a severely raised portion of the sidewalk or asphalt, causing her to fall and break her nose. The scarring from the injury caused plaintiff to suffer embarrassment and she underwent surgery to improve the defect.

The defective sidewalk was near a terminally ill medically research aid facility causing difficulty for the city patrons to access the building.

DEFENDANT'S CONTENTIONS: The city denied all allegations, contested liability and claimed the defect in the sidewalk was a minor, trivial defect.

Result

The parties settled for $98,000. As part of the terms of the settlement, the city also agreed to remove and replace the sidewalk instead of patching the defect with asphalt to make the area safer for the community.