Facts

On Sept. 8, 2008, plaintiff Graciela Ortiz slipped and fell on a steel plate embedded on the sidewalk of 4th Street between Los Angeles Street and Wall Street in downtown Los Angeles.

Plaintiff brought an administrative tort claim against the City of Los Angeles. The city identified AT&T Corp. as the party responsible for the steal plate.

In 2010, plaintiff filed general negligence and premises liability causes of action against AT&T after her administrative tort claim against the City of Los Angeles was denied.

Damages

Plaintiff never made a formal request for general or special damages, but she did request punitive damages in her complaint.

Injuries

Plaintiff was taken to Los Angeles County/USC Medical Center by ambulance, and was then taken to a private medical center. She sustained lacerations to her right knee, which required stitches, as well as soft tissue injuries to her back, shoulders, wrists, and arms. Since her initial injuries, plaintiff's knees have deteriorated, resulting in arthroscopic surgery to repair her left knee and a planned total right knee replacement.

Result

Directed verdict.

Other Information

At the close of plaintiff's case after three days of testimony, defendant moved for nonsuit and a directed verdict on the basis of plaintiff's failure to provide evidence of defendant's ownership or control of the steel plate. The court allowed plaintiff to recall witnesses outside the presence of the jury to make an offer of proof as to defendant's ownership or control of the plate, after which, the court granted defendant's motion for a directed verdict. Defendant's bill of costs is pending. Ortiz was in pro per until the day of trial. According to plaintiff's counsel, the case was resolved by directed verdict because Ortiz missed her deadline to designate experts, and therefore, liability of AT&T and the Ortiz's damages could not be established. INSURER: Pacific Bell Telephone Company dba AT&T is self-insured. FILING DATE: Aug. 8, 2010.