Baker, Burton & Lundy recently obtained a $1,150,000 settlement on behalf of their clients arising from a dangerous sidewalk condition in the City of Pasadena.
On June 26, 2023, while walking south on Fair Oaks Avenue in Pasadena, our client’s foot caught mid‑stride on an uneven portion of the sidewalk, propelling her forward and causing her knees, head, and face to strike the concrete, rendering her unconscious.
As she fell, she struck her husband’s back, causing him to fall forward to his knees. When he was able to get back up, he turned and saw his wife lying on the ground, unconscious. He called to her and tried to wake her, but he could not get her to regain consciousness. He began to panic as his wife lay on the sidewalk, unresponsive. Eventually, she regained consciousness and was transported by ambulance to a local Hospital.
As a result of her fall, our client sustained serious and catastrophic injuries, including a mild complicated traumatic brain injury, right knee injury resulting in a total knee replacement, and ongoing blurred vision and ocular pain, among other injuries.
The underlying case was litigated heavily, but Baker Burton & Lundy was able to uncover significant evidence during discovery to establish the City’s liability for our client’s injuries. Specifically, Baker, Burton & Lundy uncovered a prior complaint made to the City less than two years before this incident, claiming that customers of a nearby restaurant were tripping on the sidewalk in this area and requesting that it be fixed. While the City applied an asphalt patch to the sidewalk in response to that complaint, it did so negligently, causing the sidewalk to remain hazardous.
Baker Burton & Lundy’s investigation and expert analysis showed the subject sidewalk contained a 1.3125 to 1.375‑inch vertical displacement, which represents a substantial tripping hazard to pedestrians using this sidewalk as that is substantially higher than typical toe clearance for pedestrians while walking. Further, while the City attempted to address this dangerous condition by applying an asphalt patch, that asphalt patch had a slope of 18.9% to 19.5%, when the City’s own policy dictated that such patches should only have a maximum slope of 8.3%. As such, the subject asphalt ramp was excessively steep, creating an additional hazardous condition that could catch a pedestrian’s toe, and causing the sidewalk to remain a substantial tripping hazard to pedestrians.
Through this lawsuit, not only was Baker, Burton & Lundy able to secure a favorable settlement for our client, but our efforts led to the City providing repairs to the subject location to remove the dangerous condition and hopefully avoid any further injuries to pedestrians. This resolution reflects our firm’s commitment to securing full, fair compensation for injured pedestrians and holding public entities accountable when dangerous conditions of public property cause serious harm. Our team meticulously developed the liability record, confirming notice evidence and defect measurements, and documented the full scope of our client’s traumatic brain injury and orthopedic injuries, as well as her husband’s loss of consortium claim, to achieve a result that will meaningfully support our client’s long‑term needs.
If you or a loved one has been injured due to a dangerous condition of public property, contact Baker, Burton & Lundy for a free consultation. We have the experience and resources to investigate, litigate, and resolve complex cases against public entities.
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