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
Court
Orange Superior
Attorneys
Plaintiff
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.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390