Facts

Sarah Carlson was heading towards Caltrain Station in San Francisco on foot. She entered the Central Subway Project construction area as she approached the intersection of Fourth Street and Townsend Street and tripped and fell over a curb within the zone that bordered private property. Tutor Perini Corp was the contractor for the city and county charged with the construction project near the curb that Sarah tripped on. Sarah sued Tutor Perini, the owners of the property where the curb was located, and the city and county of San Francisco for her claimed injuries.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendants failed to maintain and repair the area as to prevent injuries like those suffered by plaintiff. Plaintiff further contended that defendants negligently failed to place a handrail along the construction path prior to and following plaintiff's trip and fall though they directed foot traffic towards the path. Plaintiff further contended that defendants' negligence was the cause of plaintiff's injuries. Plaintiff also contended, through an expert, that she will require an ankle fusion or replacement due to the degenerative condition derived from her injuries caused by defendants' negligence.

DEFENDANTS' CONTENTIONS: Defendants denied the contentions.

Settlement Discussions

Defendants offered Plaintiff $264,000, by way of CCP 998 offer to compromise, prior to trial.

Specials in Evidence

$95,664.92 in past medical costs. $15,892.83 in past lost earnings.

Injuries

Sarah Carlson suffered a fracture in her left ankle and underwent corrective surgeries for the trimalleolar fracture.

Result

The jury found for defendant after determining that there was no unreasonably dangerous condition.

Other Information

Defendants offered plaintiff $264,000, by way of CCP 998 offer to compromise, prior to trial. Accordingly, the defendants were entitled to recover costs following trial.

Deliberation

3.5 hours

Poll

9-3

Length

10 days