Facts

One June 6, 2006, plaintiff Susana So, a 40-year-old pharmacy technician, tripped over a one-inch pavement protrusion near defendant Bart Area Rapid Transit's (BART) Castro Valley station. She sued defendant for a dangerous condition on public property. The defendant unsuccessfully motioned for summary judgment claiming that defendant did not own, control, or maintain the property in question.

PLAINTIFF'S CONTENTION: The plaintiff contended that the defendant was required to inspect sidewalks, but had not done so for the area where plaintiff fell.

DEFENDANT'S CONTENTIONS:
The defendant contended that the plaintiff was comparatively negligent because she was familiar with the condition as she walked on the sidewalk twice a day for about a year prior to her fall. Also, she wore tinted sunglasses during dusk when the accident occurred, thereby compromising her ability to recognize any danger. Also, defendant did not own or control the property at the time of the accident, as it had transferred ownership of the sidewalk to Alameda County. Finally, the plaintiff was not credible because she did not disclose her pre-existing knee condition or history of teeth, hip, and eye injuries during deposition.

Settlement Discussions

The plaintiff demanded $50,000 via C.C.P. Section 998. Defendant offered 0.

Specials in Evidence

$14,896 $6,160

Damages

The plaintiff claimed $4,000 for pain and suffering.

Injuries

The plaintiff claimed a minor neck strain, and a bruised right knee that aggravated a pre-existing bilateral chondromalacia condition. She also claimed to have had to miss four months of work to recover from her knee pain, going on full disability.

Result

The jury found defendant was 85 percent liable. Plaintiff was awarded $25,056, which was reduced to $21,298. Judgment after adding plaintiff's costs was $26,771.

Other Information

The plaintiff could not add Alameda County as a defendant because the statute of limitations had run. The defense motioned to reduce the medical award as per Cal. Gov. Code Section 985 and to strike plaintiff's claimed costs of $7,233. Both were denied.

Deliberation

half day

Poll

10-2 (liability)

Length

four days