Client Recovers $350,000 in Unsafe Sidewalk Case
Which on March 1, 2017, Carolyn Holmes was walking on a sidewalk in Orange County, she assumed the sidewalk was safe and was not aware the control joint caused a dangerous uplift of nearly 1 inch and an unsafe slope. As she approached the severed concrete slab, her foot caught and subsequently caused her to trip and fall forward onto her elbows, knees, and face.
Plaintiff’s Contentions as to Liability:
Plaintiff contended the sidewalk was a dangerous condition of property. Plaintiff was able to show the history of the sidewalk through Google Earth imaging which revealed that a nearby tree, which caused the uplift in the concrete, had been removed before this incident. After the tree was removed, the concrete sidewalk was not ground or shaved back to its original position and flush with the surrounding sidewalk. It was determined that the portion of sidewalk was owned by the nearby Defendant business but also maintained at times by a Defendant public entity.
Defendant’s Contentions as to Liability:
Defendants argued that the sidewalk was safe and thus any defect was trivial. Defendants also argued that Plaintiff was lost at the time of the incident and had a history of falls.
Type of Case:
Date and Location of Incident:
Atticus Wegman, Esq.