Nadezhoa Oshmansky v. City and County of San Francisco, AT&T Inc., and Does 1 through 50, inclusive
Published: Dec. 3, 2021 | Result Date: Oct. 5, 2021 | Filing Date: Jun. 25, 2020 |Case number: CGC-20-585036 Settlement – $100,000
Judge
Court
San Francisco County Superior Court
Attorneys
Plaintiff
Ronald P. Schneider
(Law Offices of Ronald P. Schneider PC)
Facts
At approximately 4 p.m., Nadezhoa Oshmansky was walking on a sidewalk in San Francisco when she tripped and fell, sustaining multiple injuries. Oshmansky filed an action against the City and County of San Francisco and AT&T, Inc.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendants maintained and/or had control over the premises where plaintiff tripped and fell, and that each defendant had a duty to maintain the premises were plaintiff was injured. Plaintiff further contended that there was a significant defect and dangerous condition on the sidewalk, and that this dangerous condition caused plaintiff to trip and fall. Plaintiff asserted that defendants had prior notice of the dangerous condition because defendants had marked the location for repair in the area in the past. Plaintiff also asserted that defendants took no action of any kind to warn any of the users of the condition of the area where the plaintiff fell. Plaintiff alleged that defendants' negligent failure to maintain, care for, or repair the area coupled with their failure to warn, increased the danger to the public and created a dangerous condition in which plaintiff was injured.
DEFENDANTS' CONTENTIONS: Defendants denied all contentions.
Injuries
As a result of her injuries, plaintiff was required to receive medical care and use medications. The trip and fall caused plaintiff to injure her knee and shoulder, and has forced her to limit her physical activity. Plaintiff's injuries also caused plaintiff great mental and emotional pain and suffering, including but not limited to grief, shame, humiliation, anger, and anxiety.
Result
The case settled for $100,000.
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