Plaintiff’s Counsel: Michael A. Schaps, The Schaps Law Office, APC, and CCTLA President Glenn Guenard and CCTLA Member Anthony Wallen, Guenard & Bozarth, LLP Defendant’s Counsel: City of Davis: Adam M. Ambrozy, Lenahan, Slater, Pearse & Majernik; Brightview Landscape: Mitchell C. Motu, Trachtman & Motu Mediator: Howard Herman, Esq. JAMS Case Summary: While walking in a residential neighborhood in Davis, CA, the plaintiff, then a 62-year-old woman born in China who worked full time for U.C. Davis, tripped over a 1.5-inch side walk defect caused by tree root uplift. The defect was somewhat obscured by overgrown city-owned bushes and located near irregular shadows. Plaintiff, who had a pre-existing spinal condition (OPLL), suffered a catastrophic spinal cord injury that rendered her an incomplete quadriplegic.

The City of Davis denied actual notice and argued it lacked constructive notice because its complaint-based inspection system was reasonable. Plaintiff’s counsel were confident they could demonstrate constructive notice. The city lacked a proactive sidewalk-inspection program, even though it had received more than 40 sidewalk claims in the previous two decades. Moreover, the city maintained that its landscaping contractor, Brightview—which admittedly worked in the immediate vicinity of the defect many times in the months and years before Plaintiff’s fall—was contractually obligated to report hazardous sidewalk defects. Yet the city admitted that over years, Brightview had never reported a single sidewalk defect, and the city had never asked Brightview why it wasn’t fulfilling its obligation to do so. According to the city itself, then, all it had to do was tell Brightview to do what it already was being paid to do and the defect could have been reported and fixed long before our client tripped. This put the city in an untenable position with respect to constructive notice, which turns on the reasonable ness of its efforts to identify and fix dangerous conditions. To its credit, the city never seriously argued trivial defect. Nor did it f i le a motion for summary judgment.

Plaintiff retained human factors expert Bong Walsh to establish that overgrown vegetation contributed to the accident by interfering with hazard perception, creating triable issues regarding the landscaping contractor’s liability. The case settled while Brightview’s motion for summary judgment on causation was pending. Damages: Plaintiff’s economic damages exceeded $10 million, including $8.6 million in future medical care costs. The life-care plan (Drs. Spaulding-Diaz and Bubanja) credibly addressed her ongoing needs for assistive equipment, home modifications, and specialized rehabilitation. Despite our client’s remarkable recovery efforts—she regained limited mobility and even returned to work part time—she remains partially paralyzed, continues to experience chronic neuropathic pain, and still requires extensive daily care assistance. Her husband’s loss of consortium claim reflected his transition from spouse to full-time caregiver, including his early retirement from state employment to provide round-the-clock care.

Defendants argued comparative fault, claiming the defect was visible and Plaintiff should have seen it. This was the only defense argument that had a reasonable chance of reducing a verdict, although it also might backfire on the city. Defendants also attempted to minimize damages by arguing Plaintiff’s pre-existing OPLL condition contributed to the severity of her injuries and that she should have undergone prophylactic surgery before she fell. This argument was legally misconceived, and the Plaintiff’s team was optimistic it could bar it through a motion in limine.

After extensive discovery and expert witness development, and two months before trial, the case settled at mediation for $18.5 million—$18.3 million from the City of Davis and $200,000 from the landscaping contractor. The settlement reflects the catastrophic nature of the injuries and the strength of the liability case against the city.

We represent people injured as a result of the careless and reckless acts of others.  At the end of the day your case can only be settled one time and you need to know all of the facts beforehand. Insurance companies have paid our clients hundreds of millions of dollars in compensation because we uncover the facts. When insurance companies fail to offer full compensation, we are not intimidated at the prospect of going to trial. We help with serious injuries that require serious representation. We are the Law Offices of Guenard & Bozarth, LLP. Our attorneys have more than 60 years of experience specializing in only representing injured people. Call GB Legal 24/7/365 at 916-714-7672 or visit www.gblegal.com