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Donna tripped and fell on a sidewalk in San Pedro.
Donna’s attorney argued that the sidewalk was “severely buckled” with poor lighting. The city had “actual notice” with a long history of service calls to the area, tree removals and prior repairs near the bucked sidewalk.
That helped prove the city “knew” of the dangerous condition but failed to fix it.
Defendant City of Los Angeles claimed that Donna was drunk when walking after a dinner party nearby.
Donna broke her right humeral, a rotator cuff tear and suffered broken teeth.
The case settled at $99,000 at mediation.
PRACTICE TIPS
- Very serious injuries case;
- But the evidence proved the patient was drinking before she stumbled
- This is a case of discounted value : compromise by both sides
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