Facts

Plaintiff Diane Petty, 42-year-old mortgage broker, was sitting at a public sidewalk table at defendant Emporio Rulli café on Magnolia Street in Larkspur around noon on Oct. 3, 2006. A tree hanging over her snapped and fell down on her, despite her attempt to flee. The plaintiff sued the café and defendant City of Larkspur for negligent maintenance and dangerous condition of public property.

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed a city hired arborist reported the tree to be a hazard and in need of removal due to decaying cavities and structural instability in June 2005. The city knew this but never addressed the issue.

Settlement Discussions

The plaintiff demanded $445,000. The defendant offered $110,000.

Specials in Evidence

$76,909

Injuries

The plaintiff claimed soft-tissue injuries to her neck, ankle, and wrist. Also, she claimed herniations to the L5-S1 discs of her lumbar vertebrae, and sensory deficit and L4-5 disc bulges. She underwent a lumbar discectomy after several epidural injections. Because of her injuries, plaintiff claimed she could not longer pursue her active lifestyle.

Result

The plaintiff settled with defendant in mediation for $360,000.