Facts

In July 2003, plaintiff June Kennedy, 63, was at a golf course. While she was golfing, she slipped on a cart path and fell. The plaintiff filed an action against defendant Del Webb Corp., an owner of the golf course, and the parent corporation, defendant Pulte Homes. Defendant Pulte Homes was dismissed in exchange for a waiver of costs.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that an irrigation leak created a build-up of water, dirt, moss and algae, which made the path slippery. This was a hazard to golf course patrons. Further, the defendants failed to warn patrons of the dangerous condition, even though they knew it existed.

DEFENDANTS' CONTENTIONS:
The defendant contended that the plaintiff assumed the risk of injury, as there is a risk of falling while playing golf. Further, the plaintiff was comparatively at fault, as the spikes on her golf shoes were worn-out and led to her fall.

Moreover, defendant Del Webb had tended to the leak in a reasonable fashion, as it maintained the affected area every other day.

Settlement Discussions

There was a $250,000 demand and C.C.P. Section 998 offer of $50,000.

Specials in Evidence

The stipulated cost was $49,000.

Damages

The plaintiff claimed $250,000 for pain and suffering.

Injuries

The plaintiff sustained a hip fracture, which required open reduction internal fixation surgery.

Result

The jury found for the defense.

Deliberation

eight hours

Poll

10-2

Length

five days