Facts

Plaintiff Brooke Minter, 28, was jogging on a public sidewalk in Fullerton on State College Blvd., north of Chapman Ave., when she placed her foot into or adjacent to a tree well. The uneven tree well was cut out of the sidewalk. The tree well did not have a tree planted in the well. The tree well was 2-3 inches below the grade of the sidewalk. As her foot encountered the uneven surface, it caused her left knee to buckle.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended the vacant tree well with a 2-3 inch offset from the grade of the sidewalk created a dangerous condition of public property as it was foreseeable the tree well, without a tree, would be used as a sidewalk, exposing members of the public to a substantial risk of harm due to the offset. Plaintiff also contended the vacant tree well was camouflaged and not readily apparent to one using due care.

DEFENDANT'S CONTENTIONS:
Defendant contended the tree well was open and obvious and easily avoidable. Defendant also contended it did not have notice, actual or constructive, that a vacant tree well created a dangerous condition of public property.

Settlement Discussions

Plaintiff demanded $675,000 to settle the case, with an indication they would go lower into the $300,000 range. Defendant made no offer.

Specials in Evidence

$109,266 $105,000 $125,000

Damages

The parties stipulated to $109,266 in past medical expenses; $105,000 in past loss of earnings; and $125,000 in future medical expenses.

Injuries

Plaintiff suffered a Grade IV, left medial tibia plateau fracture. She underwent surgery to repair the fracture, which subsequently failed, requiring total knee replacement in the future. Plaintiff will require two knee replacements in her lifetime.

Result

Defense verdict.

Other Information

The case was bifurcated. FILING DATE: Sept. 30, 2011.

Deliberation

two hours

Poll

11-1 (liability)

Length

four days