City Tells Injured Woman to Watch Where She's Going
Woman files claim for $450,000 after she tripped on a pipe
By OLSEN EBRIGHT
Updated 2:30 PM PDT, Mon, Nov 2, 2009
An exposed pipe could end up costing Huntington Beach big bucks.
Elizabeth Medina, who tripped on the pipe and injured herself, filed a claim against the city for $450,000. According to court documents, she says city workers are negligent for not fixing the problem.
The lawsuit stems from a March 2008 incident, the Orange County Register reported:
Elizabeth Medina said she was sitting at a picnic table in March 2008 in Huntington Central Park and, when she went to get up, tripped on an exposed pipe, tearing ligaments in her left leg and sustaining a bony contusion, the lawsuit says.
Medina contends that the pipe was not marked, and that there was no way she could see it. She says the city is responsible for not properly covering the pipe to avoid an accident, the lawsuit says.
The city says Medina should watch where she's going.
"(Medina) failed to exercise ordinary care in a manner expected of a reasonably prudent person," the city said. "(The city) did not have actual or constructive notice of any defective or dangerous condition existing for a sufficient time prior to the alleged injury … to have taken measures to protect against the condition."
Her claim -- which the city has rejected -- was filed last year for $450,000 to pay for her medical expenses, loss of earnings, and pain and suffering, the Register reported.
But now Medina's back with a lawsuit, which doesn't specify the amount she's suing for.
A mandatory settlement hearing has been scheduled for May.
First Published: Nov 2, 2009 2:18 PM PDT
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