Trial Magazine

On a dark December evening, Pamela Johnson, who was in her mid-60s, was leaving her job in the city of Tacoma. As she approached her car, she stubbed her toe on a decorative sidewalk brick, which caused her to pitch forward and strike the car. Johnson suffered a fractured right shoulder and underwent conservative treatment, including physical therapy. She wore a sling for approximately eight weeks and incurred medical expenses of $7,400. Her injuries left her with range-of-motion restrictions.

Johnson and her husband sued the city and Two Eagle Ranch, LLC, which owned the building abutting the portion of the sidewalk on which Johnson fell, alleging failure to remediate a known defect. The plaintiffs argued that the roots of a tree the city had planted had pushed the brickwork upward and that other people had also fallen in the vicinity. The plaintiffs also claimed that although the city had an official report written three years before Johnson’s fall detailing the sidewalk defect, it failed to fix the problem.

The defense argued that Johnson should have noticed the raised brick.

The jury awarded more than $105,300, apportioning liability at 70% to the city, 17% to Two Eagle Ranch, and 13% to Johnson.

Citation: Johnson v. City of Tacoma, No. 17-2-09453-1 (Wash. Super. Ct. Pierce Cnty. Mar. 11, 2019).

Plaintiff counsel: AAJ member David A. Bufalini, Tacoma, Wash.

Plaintiff expert: Robert Yancey, orthopedic surgery, Gig Harbor, Wash.

Defense expert: Sean Ghidella, orthopedic surgery, Tacoma.