Facts

Plaintiff, 68, was walking on the sidewalk in San Diego when she tripped and fell.

PLAINTIFFS' CONTENTIONS: Plaintiff contended that the city created a dangerous condition when it failed to properly maintain the sidewalk where the plaintiff tripped and fell. Plaintiff claimed there was a lip on the sidewalk of two and a half inches where the plaintiff fell. Plaintiff argued that the city knew of the alleged dangerous condition several months before the fall in the case.

Plaintiff claimed she fell on her chest. At the time of the fall, testimony revealed she was not looking down at her feet, and she was carrying papers and a cell phone in her hands. Sometime afterwards, the plaintiff was told by a clinic that silicone was leaking internally due to a rupture of both of her breast implants, requiring implant removal and replacement surgery.

DEFENDANT'S CONTENTIONS: The city argued that the plaintiff did not fall where she claimed. Further, there were no witnesses and no evidence that showed damages to any items including personal property in connection with the plaintiff's fall. Further, the defense contended there was no evidence that the plaintiff's breast implants were damaged due to a fall on the city's sidewalk. The city argued plaintiff's implants were old and that the implants were ruptured three years earlier in another trip and fall incident.

Damages

Plaintiff claimed damages to her breast implant as a result of the fall. Loss of consortium was also alleged. Past medical costs totaling nearly $20,000 were claimed, as well as pain & suffering. At trial call, plaintiff's husband dismissed his loss of consortium claim.

Result

Shortly prior to the scheduled trial, the city stipulated to liability. The jury found for the plaintiff, who was awarded $84,924 in total damages. The jury found the dangerous condition of the sidewalk to be a substantial factor in causing plaintiff's injuries.

Other Information

Defendant filed a cost bill of over $17,000 against the husband who previously rejected defendant's CCP section 998 offer of a waiver of costs.