By MAYA MEINERT Special to the Daily Press
CITY HALL — City Council on Tuesday approved the settlement of a personal injury lawsuit in which a Westwood woman claimed the city was negligent in not fixing a broken sidewalk that caused her to trip and fracture her hip.
Council voted 6-0 (with council member Pam O’Conner being absent) to pay Ruth Burke and her husband, Sydney, a total of $55,000. The couple sued the city in March.
The Burkes said they were walking to St. John’s Hospital to visit a friend when Ruth Burke tripped on a broken and upraised sidewalk in front of the US Bank at 2221 Santa Monica Blvd. She fell and fractured her hip, subsequently needing a ball joint surgically replaced.
The Burkes had originally asked for a jury trial but agreed to mediation with the city.
Prior to medical insurance payments, Ruth Burke’s medical expenses were approximately $86,000, according to court documents. Another $100,000 in future medical expenses were estimated. Sydney Burke’s approximate loss of income from having to take care of his wife was $7,000. After medical insurance payments, Ruth Burke’s expenses were about $10,000, according to Robert T. Simon, the Burkes’ attorney.
“I think the settlement was fair,” Simon said.“City cases are very difficult, but we tend to do a pretty good job with those cases.”
The city claimed it was not liable for Ruth Burke’s fall because it “lacked actual or constructive notice of any dangerous condition,” according to court documents.
Simon said the sidewalk was repaired following the Burkes’ incident.
“We wanted to make sure the city repaired the sidewalk, and they have, so I think we’ve done our job,” Simon said.
The settlement will be finalized in court on Oct. 18.
Originally published in the Santa Monica Daily Press print edition on October 14, 2006. Read the original PDF.