Ernestine De Soto v. Santa Barbara Museum of Natural History
Published: Aug. 12, 2006 | Result Date: May 2, 2006 | Filing Date: Jan. 1, 1900 |Case number: 1186274 Settlement – $250,000
Court
Santa Barbara Superior
Attorneys
Plaintiff
Raymond J. Pulverman
(Pulverman & Pulverman LLP)
Martin E. Pulverman
(Pulverman & Pulverman LLP)
Defendant
Christina Y. Morovati
(Armijo & Garcia)
Experts
Plaintiff
Robert L. Chalfant
(Cregger & Chalfant LLP)
(medical)
Judith Ricker
(technical)
Facts
On Nov. 1, 2004, at 5:45 p.m., the plaintiff, a 67-year-old registered nurse, was walking in the parking lot of the Santa Barbara Museum of Natural History. She tripped and fell over a cement-parking stop that was placed next to the museum entrance sign. The plaintiff sustained a tibia/fibula open fracture.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the premises was in dangerous condition because they placed a cement parking stop at the entrance to the pathway and four feet from a sign that read "Museum Entrance." Additionally, the defendant was negligent for failing to reset their lighting timer on the first day of day light savings. The parking lot was dark and no lights were turned on.
DEFENDANT'S CONTENTIONS:
The defendant contended that the parking lot had reasonable illumination and that the plaintiff failed to perceive and avoid the open and obvious parking stop.
Result
Case settled for $250,000.
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