Facts

Zulma Pereira sued Watersedge Landscape Inc. dba Cutting Edge Turf, Palacio Del Mar, Carmel Valley Village I Home Owners Association, and Mauzy Management Inc., in connection with a biking incident that occurred in February 2012.

The matter proceeded against Watersedge only.

PLAINTIFF'S CONTENTIONS:
Plaintiff was riding her bicycle along a bike path in Palacio Del Mar, a private community, when she hit a garden hose. She was ejected from her bike and injured her head and face. Plaintiff contended that the garden hose was unavoidable and blamed the landscaper, Watersedge, for leaving the offending hose on the bicycle path. Plaintiff sued defendants alleging negligent maintenance of the bicycle path, creating a dangerous condition.

DEFENDANTS' CONTENTIONS:
Defendants claimed the allegedly dangerous condition complained of was open and obvious and that plaintiff should have avoided it. Defendants also disputed the extent of plaintiff's claimed injuries.

Settlement Discussions

Pereira demanded $950,000, which Watersedge countered with a $320,000 offer of settlement.

Damages

Pereira sought between $3 million and $5 million in damages.

Injuries

Pereira claimed facial fractures and a concussion. She claimed she suffered from post-concussive syndrome and a sunken eye due to the orbital fracture she sustained.

Result

The jury found Pereira and Watersedge equally liable and awarded Pereira $475,000. After the offset, Pereira was set to recover $237,500.

Other Information

FILING DATE: Nov. 14, 2013.