Facts

On May 31, 2011, Plaintiff Eli-ane Phillips-Minks, a 58-year-old self-employed medical biller, was injured when she stepped into a hole in the sidewalk/rolled curb on West Calle Laureles and State Street in Santa Barbara. The plaintiff fell and landed on her left knee and outstretched wrist, fracturing her elbow. At the time of the incident, the plaintiff was carrying her purse over her left shoulder and a briefcase over her right shoulder. The street curb in question runs along the sidewalk of West Calle Laureles and is a "rolled" curb. The defect in the curb was located where the sloped curb meets the surface of the sidewalk, and the sidewalk and curb meet the apron of the driveway. The defect in the curb was subsequently measured by the City had no record of prior accidents or falls and no record of having received any complaints about a defect in this sidewalk or curb.

PLAINTIFF'S CONTENTIONS:
The plaintiff argued that the City, by its lack of an official written sidewalk inspection program, was negligent and therefore responsible for the plaintiff's injuries and damages. The plaintiff also argued that, since the curb defect was more than a half of an inch in depth, the City was in violation of the Americas with Disabilities Act (ADA) and the California Building Code. This argument was based on the testimony of former Building and Safety official, Roy Harthorn, who acted as the expert witness for the plaintiff and who told the jury that any and all sidewalk defects with a differential greater than ½ inch constitutes a violation of the ADA by the City.

DEFENDANT'S CONTENTIONS:
The City argued that ADA and building code standards only apply to newly constructed sidewalks and do not apply at all to sidewalk defects, which may arise over time and those of which the City is unaware.

Settlement Discussions

The plaintiff made a CCP 998 demand of $89,000. The City made a CCP 998 offers of $15,000.

Specials in Evidence

$21,000 $12,000

Injuries

The plaintiff suffered a fractured left elbow (radial head fracture) and claimed that she suffered injuries to her left knee and left ankle, exacerbating a previously injured left ankle. She also claimed that she needed a cubital release surgery. She initially claimed past medical specials in excess of $32,000, which was later reduced to $21,000 after the court found that the cubital tunnel release surgery was not related to this accident. The City's medical expert opined that the plaintiff suffered a radial head fracture, which was related to the accident. All of her other medical damages, including her subsequent surgery and the exacerbation of her pre-existing ankle injuries were not related.

Result

Defense verdict.

Other Information

FILING DATE: Jan. 13, 2012.

Deliberation

1.5 hours

Poll

9-3 (dangerous condition)

Length

3.5 days