Facts

The plaintiff, Mary McClendon, a 45-year-old mental health therapist, tripped and fell over a raised sidewalk strip in 2004. The sidewalk, located in the city of Lafayette, was adjacent to a strip mall owned by Diablo East Associates. Plaintiff, who had never before walked over that particular sidewalk, sued the city and the strip mall property owner, as well as the mall owner's property manager, Stephens Property Management based on a premises liability theory. Years before, the asphalt strip had been placed over the sidewalk, which had begun to become uneven. However, the strip grew uneven over the years eventually becoming a tripping hazard itself.

PLAINTIFF'S CONTENTIONS:
Plaintiff argued the city did not reasonably inspect the sidewalk and that the defect took years to develop. Further, the plaintiff alleged the raise was likely caused by a tree growing on the strip mall property, and that none of the defendants had taken steps to keep the sidewalk in a safe condition.

DEFENDANTS' CONTENTIONS:
The City of Lafayette contended that an ordinance it previously adopted placed a duty on Diablo East, as a property owner, to keep an adjacent sidewalk safe, thus entitling it to full indemnity from Diablo. Further, the City claimed its inspection procedures were reasonable. Both Diablo East and Stephens claimed that since they did not own the sidewalk, they were relieved of any liability for injuries caused by it. They also claimed that the raise was noticeable and obvious due to contrasting colors in the pavement.

Specials in Evidence

Plaintiff had $19,704 in past medical costs. After arthroscopic surgery, plaintiff missed six weeks of work leading to $4,500 in lost wages.

Damages

Plaintiff was awarded $50,000 for past pain and suffering, in addition to $5,000 for future pain and suffering.

Injuries

Plaintiff suffered a fractured proximal humerus and an injured shoulder, which required arthroscopic surgery in 2005.

Result

The jury found plaintiff to be 20 percent comparatively negligent and awarded her $79,203.79.

Deliberation

three hours

Poll

11-1 (on liability); 12-0 (on all other causes)

Length

four days