Facts

On Nov. 3, 2007, plaintiff Judith Gralnik, a 72-year-old part time bookkeeper, was returning home from her synagogue when she tripped on a 2 1/2-inch displacement of the concrete.

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed a tree on the city parkway between the sidewalk and the curb uprooted the sidewalk. The plaintiff contended that the city was liable for dangerous condition and had actual or constructive notice of condition. The city had a water meter in the parkway next to the condition and repairs had been made north and south of the condition within the prior two years.

The plaintiff also claimed that the adjacent homeowner, Avila, was liable per city ordinance.

DEFENDANT'S CONTENTIONS:
The city claimed that it had no notice of the dangerous condition and that plaintiff was contributorily negligent. The city also claimed that the sidewalk was lifted on the homeowner's side and was caused by the homeowner's palm tree. The city claimed that the cross-defendant homeowner planted the palm tree on their front lawn, which potentially contributed to the offset in the sidewalk.

Injuries

The plaintiff suffered a fractured hip requiring open fixation and pins.

Result

In a mediation before Darrell Forgey, the case settled for $100,000 ($50,000 per defendant).

Other Information

FILING DATE: May 16, 2008.