From the Case Files: City of Los Angeles Settles Sidewalk Case with Serious Injuries

In this segment of our fan-favorite “From the Case Files” series, we’re happy to discuss a recent victory we had in a Los Angeles sidewalk case.

My client was visiting Los Angeles from out of state to see her children and grandchildren. One morning during her visit, she decided to take advantage of the beautiful weather and went for a jog. My client is an avid jogger and enjoys the outdoors.

She went for her jog, and unfortunately she was unfamiliar with how bad Los Angeles sidewalks are. She tripped and fell on a raised sidewalk. She instinctively used her arms to break her fall, and that’s when her left arm went numb. She got up and tried to continue her jog, but she realized she had suffered a serious injury and needed to get home.

Later that day, she visited an orthopedist who took x-rays, and diagnosed my client with an olecranon fracture; also known as an elbow fracture. My client needed surgery to reattach the injured bones in her arm. She returned home and had the surgery there.

Upon hiring my office, I immediately undertook an investigation. I visited the scene and got photos of the subject sidewalk. I retained an expert to help determine the cause of the uplifted sidewalk and to take measurements. The expert determined that the sidewalk had been damaged for years, and the damage was caused by an adjacent city-owned tree. We filed our lawsuit against the City of Los Angeles.

In cases like these, the City always argues that it did not know about the dangerous sidewalk. The city claims it has 10,000 miles of sidewalks, and cannot be expected to be aware of all sidewalk defects. Nonsense.

During litigation, we took over 12 depositions. My office deposed the person most knowledgeable about the city’s process for responding to sidewalk and tree services requests. The deponent showed up to the deposition with a stack of all service requests for that particular street within a 10 year period. You won’t believe what happened next.

The deponent admitted that city employees had passed the very sidewalk in question 66 times during that period of time. Sixty-six other service requests were called in, and city employees walked near the defect that injured my client. Not a single one of them called it in or reported it to the appropriate department. Even better, the deponent argued that 66 times was not enough to make the city aware of the problem. Huh?

We used this damaging information to argue that the city had notice of the dangerous sidewalk that injured my client. Not to mention, the sidewalk had previously been patched with asphalt, so the City knew that it would be a recurring problem because tree roots continue to grow and erode the asphalt used to smoothen over the sidewalk uplift.

The case went to mediation, where we settled the case against the city of Los Angeles for a sizable amount. Justice was served for my deserving client.

Sidewalk cases can be tough. They require extensive investigation and each case requires a tailored approach. I love these cases and am not afraid to roll up my sleeves to get the job done.

Be careful as you walk around the City of Los Angeles. Our sidewalks are pathetic! If you or someone you know was injured on a Los Angeles sidewalk, feel free to give me a call and I’ll see what I can do for you.

I’m ready to assist, 24/6.