Facts

Plaintiff Mary Ramirez, age 63, was going to a parent teacher conference at Badger Springs Elementary School in Riverside. She was riding a mobility scooter when she encountered a puddle of mud on the sidewalk in front of the school. The mud was the result of a broken and cracked sprinkler head. She stopped in front of the mud and decided to creep through at a low speed. The scooter slid and fell on top of her, breaking her femur. The school district owned the sidewalk and sprinkler system.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the mud was a dangerous condition on public property because mud can be slippery, especially to people riding mobility scooters. Plaintiff contended that the mud was on the sidewalk for at least 10 hours without anybody cleaning it up or posting any warnings. It was directly in front of the school where all of the teachers, students and administrators enter the building.

DEFENDANT'S CONTENTIONS:
Defendant contended that the mud was not a dangerous condition as it was mostly dry by the time the plaintiff arrived. Also, if the plaintiff felt there was any danger, she could have taken another route.

Defense expert Eugene Vanderpol testified that the incident did not happen as plaintiff claimed. Plaintiff did not slip in the mud, she sped through the mud and fell when she made a hard right turn. The mud had nothing to do with the fall.

Specials in Evidence

$21,398

Injuries

Plaintiff suffered broken right femur requiring surgery. Since she needed a hip replacement due to severe arthritis, the surgeon repaired the femur and performed a hip replacement.

Result

Plaintiff's verdict for $256,398.

Other Information

This was a re-trial. The case was first tried in 2009 with Judge Dallas Holmes. That trial resulted in a defense verdict. Plaintiff's motion for new trial was granted, defense appealed the order granting a new trial, and that appeal was denied. FILING DATE: Jan. 31, 2006.

Deliberation

two hours

Poll

11-1

Length

five days