Facts

In 2011, the 7th Street West Oakland Transit Village construction project was underway near the home of plaintiff Maria De Cahill.

On Sept. 25, 2011, plaintiff, 70, stepped into a ditch, created by defendants, in front of plaintiffs' home in Oakland. The ditch caused plaintiff to trip and break her ankle. The City of Oakland and the County of Alameda headed the project.

Plaintiff sued the city, county, and contractor Oliver De Silva Inc. dba Gallagher & Burk Inc.

PLAINTIFF'S CONTENTIONS:
Plaintiffs claimed that defendants were liable for the tripping hazard.

DEFENDANTS' CONTENTIONS:
Defendant Oliver De Silva Inc. dba Gallagher & Burk Inc. filed a cross-complaint alleging that M.F. Maher Inc., a sub-contractor on the project, and Pacific Gas & Electric Co. Inc. dug and removed utility boxcovers, which created holes and ditches near plaintiff's home. Gallagher & Burk further contended that the East Bay Municipal Utility District delayed covering the holes to make the area safe for pedestrians.

Injuries

Plaintiff sustained a broken ankle and underwent surgery. Plaintiff's spouse, Dennis Cahill, claimed loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support from Maria. He also claimed loss of the enjoyment of sexual relations with his wife.

Result

The parties agreed to a settlement in the amount of $135,000.

Other Information

Oliver DeSilva Inc. successfully tendered its defense and indemnity to M.F. Maher. The carrier for Maher controlled the resolution of the action. FILING DATE: July 20, 2012.