Facts

Plaintiff and her family were attendees at a 4th of July, 2004, fireworks display sponsored by the City of Claremont at Pomona College. Plaintiff and her family entered the event on a concrete walkway but then took a "short-cut" to the athletic field by traveling over a grassy slope where plaintiff slipped and fell as the result of tripping on a drainage grate.

PLAINTIFF CONTENTIONS:
Plaintiff contended that the area where she fell constituted a dangerous condition of public property. As a result of the fall, plaintiff suffered a displaced fracture of her left elbow, a stess fracture of her right ankle, a sprained left ankle and soft tissue injuries to both knees. The initial treating doctor treated the elbow fracture with a cast. The elbow was treeated subsequently by surgery with internal fixation, and it is anticipated that plaintiff will require elbow replacement surgery in the future. Plaintiff's husband also asserted a loss of consortium claim.

DEFENDANT CONTENTIONS:
Plaintiff and her family voluntary chose to take the "short-cut." The sloped grassy area where plaintiff fell did not create a "dangerous condition" of public property within the meaning of the Government Code. The initial treatment by plaintiff's orthopedic surgeon fell below the standard of care resulting in at least two extra surgeries and the future need for the total elbow replacement.

Settlement Discussions

In excess of $400,000 but no firm demand. No offer was ever extended.

Damages

Fractured capetellum with displaced fragment requiring three surgeries and future total elbow replacement. Fractured ankle and chondromalacia to the knee. Approximately $6,000 for five weeks of lost wages.

Result

Defense verdict.

Deliberation

one day

Poll

10-2

Length

seven days