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ARTICLE ID 8359

$________ Slip and fall on oil buildup in parking lot - Defendant contends that the plaintiff intentionally walked in a parking space where accumulated oil was visible.

San Bernardino County, California

The plaintiff alleged that oil buildup in the parking lot created a dangerous condition which the city was aware of and failed to correct. The city denied the allegations.

On November 9, ________ at approximately 7:30 a.m. the 61-year-old female plaintiff was injured when she slipped in oil after parking on the second floor of defendant’s five-level parking structure located adjacent to the IRS office where she was employed. The plaintiff maintained that the parking lot had a history of oil buildup and there were several prior accidents with other individuals slipping on oil. The plaintiff alleged that the city was aware of this and failed to take appropriate remedial steps permitting a known dangerous condition to continue to exist. The plaintiff maintained that the city employees were negligent in their maintenance of the parking lot and their negligence resulted in this plaintiff’s injuries. The plaintiff suffered a herniated cervical disk requiring an interior cervical discectomy and fusion at C5/6 and C6/7. The plaintiff incurred approximately $________ in medical expenses. She incurred lost earnings of $________. While the plaintiff is able to return to work with restrictions, her employer has not yet been able to place her in a position that can accommodate her needs.

The defendant denied the allegations and maintained that it had an adequate maintenance program in effect, but had insufficient finances to clean the parking area more thoroughly. The defendant maintained that the plaintiff contributed to her own injuries by walking through a parking spot where oil was clearly visible. The defendant alleged contributory negligence. Further, the defendant contended, as it related to the issue of damages, that any injury to the plaintiff’s spine was pre-existing and not as a result of the injuries sustained in this incident.

The matter was resolved approximately a month after a mandatory settlement conference for the sum of $________.

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