Facts

Barbara Ferren was walking on a sidewalk at night when she tripped and fell due to a lift in the sidewalk. She used her right arm in an attempt to break her fall and to protect her face, causing her to break her upper arm. She sued Valley Village South Apartments and Seltzer-Doren Management Co., the respective owner and manager of the property adjacent to the accident, as well as the City of Los Angeles for failing to repair the dangerous condition.

Ferren obtained a settlement with the City. Hence, the matter proceeded to trial against Valley Village and Seltzer-Doren only.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the sidewalk was raised due to the roots of a tree located on the defendants' private property. Plaintiff further contended that the defendants had a duty to properly maintain and inspect the subject property, and that they failed to timely repair the dangerous condition created by the root.

DEFENDANTS' CONTENTIONS:
Defendants contended that the subject tree root did not cause the lift. Defendants also contended that the City was responsible for maintaining the sidewalk, and that plaintiff failed to exercise due care while walking on it.

Damages

Ferren sought $10,000 in past loss of earnings; $17,038 for past medical costs; and $103,000 for future medical costs.

Injuries

Ferren fractured her right, non-dominant arm, and underwent a closed reduction of the fracture in the emergency room.

Result

The jury found the defendants negligent and awarded Ferren almost half a million in damages, including $17,038 for past medical cost; $96,250 for future medical costs; $10,000 each for past and future lost earnings; $60,000 for past pain and suffering; and $300,000 for future pain and suffering. On Oct. 19, 2011, plaintiff filed a CCP 998 that was for less than the verdict, according to the plaintiff. As such, the defendant will be responsible for expert's fees, costs and interest.

Deliberation

30 minutes

Poll

12-0

Length

five days