Confidential
Settlement – $35,600Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Facts
The plaintiff, female aged 84, left restaurant in shopping center and was walking along a walkway (at the edge of the parking lot) to the parking lot. The walkway is a concrete strip between a handicapped ramp and a small grassy portion of landscaping. The plaintiff slipped off the ramp curb and fractured her hip. The plaintiff sued for premises liability and negligence.
Settlement Discussions
The plaintiff demanded $75,000. The defendant shopping center owner denied liability and offered nothing.
Specials in Evidence
$42,000 $1,440
Damages
The plaintiff contended that the site of the accident was a poorly marked handicap ramp with faded paint. The curb was entirely unpainted. The edge of the curb, rounded by wear or inadequate construction, had no defining edge easily visible to the eye. Pursuant to the Americans with Disabilities Act (ADA), landowners have an ongoing duty to keep public accommodations safe under the guidelines of disability law. The ADA Accessibility Guidelines make it clear that throughout those areas created for handicapped access, there is a reasonable expectation that the surfaces will be stable, firm, slip resistant, and conform to other regulations. The difficult to perceive curb edge indicated a failure to maintain the premises by defendant shopping center owner. In addition, failure to meet statutory requirements established per se negligence.
Injuries
The plaintiff suffered a fractured left hip and was treated and hospitalized for three days. An open reduction and fixation was performed, and a hip repalcement. The plaintiff is unable to walk for more than 15 minutes without severe pain. The plaintiff had been fastidious about her health and exercise and this incident had diminished her qualify of life.
Other Information
The settlement was reached approximately 11 months after the case was filed. The parties stipulated that defendant shopping center owner was no more than 10 percent liable, and the remainder of the liability was plaintiffÆs. The defendant, corporation /restaurantÆs motion for summary judgment was granted on Jan. 15, 1999, as it did not own, possess, or control the premises where the incident occurred. Defendant, corporation/restaurant, filed a cross-complaint against defendant/ cross-defendant shopping owner which was dismissed on Feb. 3, 1999.
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