Facts

On November 10, 2017, Barbara Williams, 51, exited the vehicle her husband parked near the south curb, facing east, near 212 San Vicente Blvd, Santa Monica. As she was walking to the back of the vehicle, she tripped and fell between the curb and sidewalk, landing on her face. Paramedics transported Williams to the emergency room at Providence Saint John's Health Center in Santa Monica, where she was diagnosed with contusions on her face and right knee, multiple abrasions, and blunt force trauma to her head resulting in headaches. William was later released from the hospital. On November 30, 2017, she presented herself to a certified neurologist at Cedars Sinai because of frequent headaches and pain. A few days later, she presented herself to an optometrist at Cedars Sinai, where she complained of blurred vision. She took time off work due to her injuries but was able to return shortly thereafter. Williams sued the City of Santa Monica as owner and maintainer of the area, seeking damages for past and future pain and suffering.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that the subject area constituted a dangerous condition of public property that the City failed to repair or maintain. In particular, plaintiff maintained that she tripped because of an exposed 2 to 3-inch tree root located between the curb and the sidewalk, which the City was aware of and later sawed off. Plaintiff argued that her accident caused injury to her lumber spine at L5 level, causing radicular pain in her leg, and that her head slamming on the ground caused memory issues, mood changes, vision changes, recurring headaches, and aggravated a prior traumatic brain injury suffered when she was 20 years old. Plaintiff claimed that will continue to need physical therapy to treat her lower back pain as a result of the accident and that she suffers from a permanent facial scar from her left nostril to her left cheek.

DEFENDANT'S CONTENTIONS: Defendant contended that plaintiff was aware of the parkway tree roots since they were open and obvious. Defendant also alleged that plaintiff's memory impairment, cognition, and mood changes were related to her prior injuries as a 20-year-old.

Injuries

Knee contusion, headaches, abrasions, aggravation of pre-existing brain injury, epidermis contusion, facial scar, radicular pain, vision loss, speech impairment, cognition impairment, and memory loss

Result

$320,000 settlement.