Facts

Plaintiff Susan Wogoman was leaving the tasting room of defendant Amador Foothill Winery's premises to go to her car when she fell in a gully. She was diagnosed with a displaced left bimalleolar ankle fracture, which later required surgery to remove hardware from her left ankle.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that defendants had a duty to exercise reasonable care to maintain the property in such a manner as to avoid exposing others to an unreasonable risk of injury, which was breached.

The plaintiff counter-argued that defendants' defense negates the open and obvious defense, since the plate concealed the gully, thereby creating a more dangerous condition.

DEFENDANT'S CONTENTIONS:
The defendants contended that plaintiff could not have stepped in the gully because of a metal plate used to cover the gully.

Result

The case settled for $200,000.

Other Information

FILING DATE: May 27, 2008.