Tanaz Zamani v. City of Redondo Beach, Gilbert Cota, Rosa Cota and Does 1-20
Published: Mar. 15, 2019 | Result Date: Nov. 1, 2018 | Filing Date: Oct. 19, 2016 |Case number: BC637727 Verdict – $160,558
Judge
Court
Los Angeles County Superior Court
Attorneys
Plaintiff
Paul R. Markley
(Law Office of Paul R. Markley)
Defendant
Kenton E. Moore
(McCune & Harber LLP)
for City of Redondo Beach
Ariella E. Perry
(Michael Maguire & Associates)
for Gilbert Cota, Rosa Cota
Facts
Tanaz Zamani filed suit against the City of Redondo Beach, and property owners, Gilbert and Rosa Cota, in relation to a trip and fall.
Contentions
PLAINTIFF'S CONTENTIONS: Zamani contended that when she was jogging in Redondo Beach, she tripped on a part of the sidewalk that was elevated and fell. As a result, she sustained injuries to her nose, neck and back. She contended that the city was negligent in failing to repair the dangerous condition. She additionally contended that the Cotas were negligent because the tree on their property created the dangerous condition.
DEFENDANT'S CONTENTIONS: Defendants contended that they were not responsible for the curb's elevation because they did not own the sidewalk. Defendants also contended that Zamani was not paying attention and she was at fault for her own injuries.
The city contended that the sidewalk did not create a dangerous condition. The city also contended that Zamani was at fault for not paying attention to where she was going.
Result
The jury found that the defendants were not negligent. However, it found that the city was 60 percent negligent and Zamani was 40 percent negligent. The jury determined Zamani's damages amounted to $160,558, and after apportionment, Zamani would recover $96,334.80.
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