Facts

On Feb. 28, 2004, at approximately 6:30 p.m., plaintiff Coatney, age 78, was walking on a sidewalk of Union Avenue in San Jose, adjacent to the remodel of the Camden Community Center. A portion of the sidewalk had been torn out and replaced with a temporary asphalt patch in July of 2003 by defendant Pipe Net. The patch was only supposed to last a few weeks, at which point the patch begins to sag, sink and deteriorate. By the time plaintiff walked along this area, the patch had sunk in Valleys Away form the existing concrete. Plaintiff's foot got caught and he fell head first on the concrete. Three weeks prior to plaintiff's fall, the city of San Jose had requested that the general contractor, defendant Arntz Builders, repair the patch.

PLAINTIFF’S CONTENTIONS:
Defendant Arntz Builders was the general contractor who had control over the construction site and was responsible for the dangerous condition. Defendant Pipe Net had a duty to monitor the patch and was responsible for creating the dangerous condition.

DEFENDANT’S CONTENTIONS:
The sidewalk was not dangerous, plaintiff did not fall on the patch, and other parties were at fault.

Specials in Evidence

Plaintiff claimed $422,000.

Injuries

Plaintiff suffered from subdural hematoma which required surgical intervention, a one month coma, and a fractured nose.

Result

The case settled for the sum of $325,000. Of that total, $162,500 is to be paid by defendant Arntz Builders and $162,500 by defendant Pipe Net.

Other Information

After filing the lawsuit, plaintiff was diagnosed with having less than six months to live. The court granted plaintiff's request for trial setting preference.