Facts

Wendy Mitchell, 72, was seriously injured when she was struck on a sidewalk by a 13-year-old boy on a bicycle. Brett Bonfigli was riding his mountain bike when he collided with Mitchell after she walked in his path from behind a row of trees. Bonfigli's helmet struck Mitchell, causing a life-threatening brain injury that required emergency surgery.

Mitchell sued Bonfigli's family, Scott Sherman, the owner of the property she was visiting on Highway 12 in Sonoma, and the City of Sonoma. Plaintiff claimed that the City and Sherman created a dangerous condition by not maintaining the Italian cypress trees in front of Sherman's property. Plaintiff claimed that the City created a dangerous condition by adopting an ordinance that allowed bikes to be ridden on sidewalk.

PLAINTIFF'S CONTENTIONS:
Mitchell claimed that she required 24/7 attendant care and could not safely live alone, although she had been living alone for the two years since the accident. The estimated cost of the attendant care was more than $2 million.

DEFENDANTS' CONTENTIONS:
The City denied that it created any dangerous condition, as Sherman had planted the trees without a City permit, within the boundaries of CalTrans' right of way on Broadway, not on City property. The City further claimed that it was immune from liability and that the bicyclist was the sole cause of the accident. The bicyclist testified that Mitchell was looking down at something in her hand when she walked onto the sidewalk in front of him.

The defense contended that Mitchell did not require 24/7 care and that she had been able to live alone successfully from the date of the accident until the time of trial.

Result

Mitchell settled for $1.4 million. Bonfigli paid $1 million policy limits; Sherman paid $150,000 and the city paid $250,000.