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Personal Injury (Non-Vehicular)
Dangerous Condition of Public Property
Trip and Fall

Raquel Lopez v. City of Fullerton

Published: Jun. 7, 2001 | Result Date: May 10, 2001 | Filing Date: Jan. 1, 1900 |

Case number: 814580 Verdict –  $0

Judge

David H. Brickner

Court

Orange Superior


Attorneys

Plaintiff

Arthur Jarvis Cohen


Defendant

Harold W. Potter Jr.
(Jones & Mayer)


Experts

Plaintiff

Gerald Swanson
(medical)

Defendant

Stewart L. Shanfield
(medical)

Facts

On April 6, 1999, at approximately 11:30 a.m., the plaintiff was walking in an easterly direction in the 200 block
of West Valley View Drive, adjacent to Fullerton North Court. She admitted that it was raining lightly. As she
was walking, carrying an umbrella, she tripped and fell on a raised portion of sidewalk.
The uprooted sidewalk that allegedly caused the plaintiff to fall, according to the claim for damages, measured
approximately 1+-inch in height.

Specials in Evidence

$26,000 $15,000 $15,000 (future surgery)

Injuries

The plaintiff suffered displaced fracture of the right patella requiring internal fixation with screws and wire. The plaintiff suffered residual loss of motion, atrophy and future surgery to remove wire and arthroscopic surgery to alleviate pain from scar tissue.

Other Information

<A>An arbitration was held before Daniel A. Ottolia, which resulted in an award for the plaintiff/claimant of $175,000. The defendant requested a trial de novo. Due to the C.C.P. Section 998 offer of the defendant, a cost bill, including expert witness fees of $6,550, was filed.</A>

Poll

9-2 (the sidewalk offset was a dangerous condition of public property), 8-3 (the sidewalk was not the cause of the plaintiffÆs injuries). One juror was released during trial due to the death of a close friend. The parties stipulated that 8 out of 11 jurors could reach a verdict.


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