Facts

Plaintiff Elaine Goldberg, 80, filed a suit against the City of Beverly Hills, claiming it failed to maintain a sidewalk.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that she tripped and fell on a misleveling of the concrete sidewalk between two slabs, in front of a hotel. She alleged she fell forward striking her face and injuring her eye. Plaintiff claimed that the one and three quarter-inch height discrepancy constituted a dangerous condition, and accused the city of having had actual and constructive notice. Plaintiff argued that the city had removed a tree at that location prior to the fall and then watered it on over 30 occasions, giving them ample opportunity to discover the condition. Plaintiff claimed the condition had existed for at least two years.

DEFENDANT'S CONTENTIONS:
The city claimed that they had neither actual nor constructive notice and that, in any event, the discrepancy was open and obvious. They argued that plaintiff was comparatively at fault and disputed how the accident could have occurred. They also contended that the recent "Heskell" case insulated them from liability.

Specials in Evidence

$75,000

Injuries

Plaintiff claimed to have suffered a ruptured globe, and three surgeries to her eye, resulting in the loss of vision.

Result

The case settled at mediation for $550,000.

Other Information

MEDIATOR: Los Angeles Superior Court Judge Jacqueline A. Connor, ret. of ADR Services.