Facts

Doris Long, 45, sued defendants after she tripped and fell over a concrete dumpster pad, injuring her left knee. The City of Bakersfield, and Steve and Rose Stanton settled prior to trial, and the case proceeded against Colvin only.

PLAINTIFF'S CONTENTIONS:
Long contended that Colvin, as property owner, failed to maintain the location of the accident, creating a dangerous condition. She claimed that the pad was located in an alleyway with insufficient lighting at night, which was when the accident occurred.

DEFENDANT'S CONTENTIONS:
Colvin contended that the concrete pad was open and obvious at night and that Long was the sole cause of her injuries because she was not paying attention to where she was walking.

Settlement Discussions

Long made a CCP Section 998 demand for $599,000. The defense offered $200,000.

Injuries

Long claimed anterior and posterior tears to the ligaments in her left knee for which she underwent reconstruction surgery. She claimed that she would eventually need two replacement surgeries to her knee.

Result

The jury returned a defense verdict, finding that Colvin was not negligent.

Other Information

FILING DATE: May 13, 2013.