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City attorney reports slip-and-fall lawsuit tied to right-of-way; trial tentatively set for 2027
Summary
The city attorney updated the board on a lawsuit in which a resident fell into a hole while posting a yard-sale sign in the public right-of-way; the case-management schedule includes discovery deadlines and a tentative 2027 trial date, and no settlement offers have been reported yet.
The city attorney told the board the court has set a case-management schedule for a lawsuit in which a woman fell into a hole while attempting to staple a yard-sale sign to a pool fence in the public right-of-way.
The attorney said the schedule sets discovery and dispositive motion deadlines and includes a tentative trial date in 2027. No settlement offer has been reported, and the city currently contends it has no liability, the attorney said. The city attorney also noted that the right-of-way area is the homeowner’s responsibility to maintain and that there is no recorded utility work at the location that would indicate prior knowledge by the city or utilities of the hazard.
Board members asked whether the plaintiff suffered ongoing injuries and whether discovery has produced responsive documents; the attorney said those responses are pending. The attorney added that the city's insurer will likely participate in settlement discussions if any are initiated.
