Facts

On Sept. 11, 2014, around 3 p.m., plaintiff Tina Cortez tripped and fell on a sidewalk in Long Beach. Plaintiff filed suit against the City of Long Beach.

PLAINTIFF'S CONTENTIONS: Plaintiff contended she tripped on a on a 1-inch sidewalk displacement on a city-owned and maintained sidewalk. The sidewalk was previously patched in response to a complaint just a year prior. This left most of the displacement cured, with only an inch or so protruding outward, the result of wear on the patch and additional tree root growth. Just prior to the incident, in June 2014, the city evaluated the sidewalk in response to a request for a sidewalk cutout. While there, the city employee that reported to the site confirmed that the sidewalk was on the sidewalk replacement program, and that it would be replaced the following year. The employee's notes from this visit included a reference to the sidewalks being "lifted."

Plaintiff contended that the sidewalk displacement amounted to a dangerous condition of public property.

DEFENDANT'S CONTENTIONS: The city received an inspection request in April 2013 related to sidewalk displacements, which were corrected. In June 2014, a city employee was requested to inspect a nearby area for a curb ramp. During his inspection, the city employee noted several patched uplifts along the block, including the location where plaintiff fell three months later. The block was placed into the replacement program for the next fiscal year. The city employee, however, did not request immediate patching of the displacement where plaintiff fell because, to him, the condition did not appear dangerous nor in need of additional repair. There were no prior complaints or reports of injury related to a trip and fall incident at the same location between the time of the repair of the original displacement in April 2013 through the time of the incident in September 2014.

The city further contended that plaintiff was comparatively negligent in that the displacement was open and obvious; that she saw the patch and noticed the color difference between the patch and the sidewalk as she approached. Defense claimed that plaintiff had stated that while she was paying attention as she walked, she did not notice the displacement until after she fell.

Insurer

Self-Insured City of Long Beach

Settlement Discussions

Plaintiff demanded $100,000. Defendant made no offer.

Specials in Evidence

Meds: $12,465 Loe: $13,889 Future Meds: $17,500

Injuries

Plaintiff fractured her ring finger in the fall, and was treated at Kaiser. She was initially splinted and casted, with an expectation that the bone would heal on it's own. The fractured bone healed crooked, leaving a malunion. The hardware remained in plaintiff's hand through trial. Her residual symptoms included soft-tissue pain around the metal plate, which would be remedied by removal of the hardware. Plaintiff, however, did not wish to have another surgery due to the uncertainty of the result. With pain, stiffness, tightness, and visible deformity, it was ultimately recommended that plaintiff undergo an osteotomy with hardware installation. After numerous visits complaining of her symptoms, on Jan. 28, 2015, her Kaiser surgeon cut the bone and installed hardware.

Result

The jury found in favor of the plaintiff and awarded her $193,854 in total damages. The city was found 60 percent at fault. Plaintiff's net verdict after 40 percent apportionment is $116,312.

Deliberation

one day

Poll

11-1 (liability); 12-0 (special damages); 9-3 (general damages)

Length

six days