OC Register: Couple wants $1M from Irvine for fall

NEW -> Contingent Buyer Assistance Program

iacrenter

Well-known member
Hopefully the city fights it, even if it costs more than a settlement. They need to make an example of the couple and scare future litigants.

http://www.ocregister.com/news/says-307773-claim-height.html

Couple want $1 million for trip-and-fall

By JEFF OVERLEY / THE ORANGE COUNTY REGISTER

IRVINE ? A couple want more than $1 million from Irvine for a trip-and-fall accident they say resulted in serious injuries and emotional trauma.

In a legal claim filed last month, Janet Saleh says she was walking in December near the intersection of Shorebird and West Yale Loop when she tripped over an uneven section of sidewalk ? 1.5 inches of height difference, she says.

Janet and Charles Saleh's legal claim seeks more than $1 million in damages for injuries and emotional distress.

"That height difference presented a dangerous and defective condition of public property," the claim says, "especially because this portion of the sidewalk was in a shadow and there were flowers and leaves obfuscating the existence of the height difference from the view of pedestrians using the sidewalk."
The Salehs could not be reached for comment, and city officials declined to comment.
Saleh says she suffered torn knee cartilage, bruises, foot pain and "exacerbation of existing low back injury/condition." She's seeking $50,000 for medical bills, $750,000 for pain, suffering and disfigurement, and an unspecified amount for lost earnings.
Husband Charles Saleh wants $250,000, saying in the claim that he "observed the injury and suffered emotional distress because of the observation."
"He also suffered the loss of his wife's consortium," the claim says.

Contact the writer: 714-796-7952 or joverley@ocregister.com
 
Not being a lawyer (although I do know the difference between slander and libel), the crux here is proving that Irvine knew about the uneven section of the sidewalk.

If they can find proof that complaints about it were submitted previously or that Irvine was planning to fix it and there was no warnings posted, they could have a case.

I don't say this because I think they deserve the money and to encourage litigious behavior but only because several relatives of mine had this happen to them at various times with bad injuries... one resulted in death.
 
"He also suffered the loss of his wife's consortium," the claim says.
Sounds like they both deserve some major consortium.  How about if you win you get $1 million, but if you lose, we all get to line up and take turns kicking you right square where the sun don't shine?
 
Back
Top