Zhanna Plotkina v. City of Los Angeles, Charlene O'Brien
Published: Mar. 31, 2012 | Result Date: Feb. 17, 2012 | Filing Date: Jan. 1, 1900 |Case number: LC092500 Settlement – $185,000
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Scott J. Corwin
(Scott J. Corwin APLC)
Defendant
Keevil L. Markham
(Law Offices of Keevil L. Markham)
George C. Lowry
(Office of the Los Angeles City Attorney)
Facts
On March 1, 2010, plaintiff Zhanna Plotkina, 71, was walking southbound on Noble Street towards Valley Vista Boulevard in Torrance when she tripped and fell over a crack in the pavement.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that defendant homeowner Charlene O'Brien and defendant City of Los Angeles jointly and severally were liable for plaintiff's injuries because they failed to remediate the broken sidewalk that resulted from roots from a tree on O'Brien's property.
DEFENDANTS' CONTENTIONS:
Both defendants denied liability and disputed that nature and extent of plaintiff's injuries. Defendants claimed that the cracked sidewalk was a trivial defect and that it was an open and obvious condition.
Specials in Evidence
$95,710 ($20,000 Howell Medicals) none
Injuries
Plaintiff sustained severe fractures and dislocation in her right wrist and a broken left elbow.
Result
The case settled at mediation for $185,000 before Janet Rubin, Esq.
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