Facts

Disabled plaintiff, who chose to keep her identity confidential, lived in a Van Nuys apartment building owned and operated by defendant George and Barbara Leimberg. On the evening of Oct. 12 2006, plaintiff walked into the back courtyard area to throw out her trash into a dumpster. Plaintiff tripped over a concrete tire stop, which defendants had installed in the walk path on the surface of the courtyard. Plaintiff sustained injuries and brought suit.

PLAINTIFF'S CONTENTIONS:
The tire stop crated a dangerous condition because it was installed in the walk path of a common area for pedestrian traffic. Also, the lighting in this area was insufficient; the tire stop could not be seen while it was dark out.

Injuries

Plaintiff claimed head and facial trauma resulting form scarring over her left eye and forehead, an oblique displaced fracture of her left proximal ulna, left rib fractures, left hand and bilateral lower extremity abrasions, a fracture of her left fifth finger, and aggravation of pre-existing low back pain. Plaintiff claimed she underwent two surgeries for an elbow fracture and required physical therapy.

Result

The parties settled with the Leimbergs paying $97,000 for plaintiff's attorney fees, $6,022 for reimbursement of expenses paid by plaintiff's attorney, and $26,391 for medical costs. Plaintiff also received $2,000. The remainder of the total amount went to her special-needs trust.

Other Information

FILING DATE: Oct. 8, 2008.