Facts

Plaintiff Viki Lim, 45, was a high school teacher at LAUSD school Banning High in Wilmington. She was also a certified Athletic Trainer with Team Heal. On the evening of Jan. 1, 2018 she was working as a trainer for Team Heal for a basketball game at Banning High. After half-time, plaintiff went to take a second-row seat on the retractable bleacher system by stepping up on the first-row seat when it suddenly slid in, causing plaintiff to lose her balance and fall backward on her side and head.

PLAINTIFF'S CONTENTIONS: Plaintiff claimed the locking mechanism for the retractable stairs had been broken a long time and LAUSD was responsible for a dangerous condition of public property. Everyone uses the row seating as steps, as confirmed by video taken by plaintiff's investigator. The first step of the stairs is also subject to sliding in.

DEFENDANT'S CONTENTIONS: Defendant claimed it had no knowledge of broken bleachers and plaintiff was comparatively at fault for not using the stairs which had handrails.

Insurer

LAUSD self-insured.

Settlement Discussions

Plaintiff served a CCP section 998 for $850,000. The case settled with mediator Hon. Bruce Minto, Ret. at Judicate West

Specials in Evidence

Meds: $55,233 paid by Worker's Compensation Loe: $10,235 in temporary disability paid by Worker's Compensation. Future Loe: $50,000 Future Meds: $50,000

Damages

Worker's Compensation for Team Heal paid $68,000 in medical and temporary disability.

Injuries

Plaintiff suffered labral tear of hip requiring surgery. Alleged mTBI with resulting forgetfulness, headaches, alteration of sense of smell.

Result

The case settled for $775,000.