Facts

Plaintiff Mary Millard was walking on a sidewalk on the west side of Third Avenue when she tripped and fell. Millard sued the City of San Diego, the owner of the apartment building that abutted the sidewalk, and its management company. She claimed that defendants failed to properly repair and maintain the sidewalk, creating a dangerous condition.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed she had tripped on the sidewalk in a place where several ornamental bricks had become pushed up. The 1.25 variance in the height of the bricks created a dangerous condition. Plaintiff also argued that the city had made previous attempts to repair the sidewalk but had stopped due to having insufficient money. There were also two prior lawsuits at that location.

DEFENDANTS' CONTENTIONS:
Defendants pointed out that Millard could not state what she had tripped on, just that she had tripped on something. She was carrying a grocery bag at the time that she tripped and thus may have been distracted. They also noted that the prior two lawsuits did not take place at the exact same location.

Specials in Evidence

$8,843

Damages

Millard sought $150,000.

Injuries

Millard suffered fractures to both her elbows, requiring her arms to be placed in splints. She also underwent physical therapy. She claimed to have since developed arthiritic pain in her elbows.

Result

Millard was awarded $4,250 which was reduced to $3,400 due to her comparative liability. The jury found the city to be 40 percent responsible, Millard 20 percent responsible, Market Street 20 percent responsible and G&K Management 20 percent responsible.

Deliberation

three hours

Length

four days