Attorney Kelly Ann Fortin's Legal Cases

Government

Equestrian Trail Rider v. City

N/A

OUTCOME: appeal on behalf of our client city to the Court of Appeal, Fourth Appellate District, Division Two, who issued a Writ of Mandate and ordered the trial court to set aside the order and grant the Motion for Summary Judgment in favor of our client city.

Plaintiff filed a complaint against our client city for dangerous condition of public property resulting from the claim of 48-year-old horse rider who fell from her horse as it stepped from the equestr ... ian trail onto a driveway which provided entrance to nearby equestrian facilities. Plaintiff claimed a significant head injury and inability to obtain future employment. The woman claimed a dangerous condition of public property existed due to the condition of the driveway surface.

Government

Driver v. City Street Sweeper

N/A

OUTCOME: $15,000 settlement on behalf of our client.

Plaintiff filed a complaint against our client city for personal injuries resulting from the claim of 47-year-old plaintiff who claimed to have been injured when the vehicle in which she was a front se ... at passenger was struck by a city owned street sweeper being operated by city employee. $250,000 in general damages, medical and related expenses, loss of earnings, past and present, and loss of income from impaired earning capacity.

Government

Dog Walker v. City Sidewalk

N/A

OUTCOME: Motion for Summary Judgment granted in favor of our client.

Plaintiff filed a complaint against our client city for dangerous condition of public property resulting from the claim of plaintiff who allegedly fell after tripping on a section of raised (approximat ... ely 2") sidewalk slab causing her to suffer personal injuries including her right upper and lower extremities. In excess of $100,000 in wage loss, hospital and medical expense, loss of earning capacity, and general damages.

Government

Head Injury Claimant v. City Sidewalk

N/A

OUTCOME: Dismissal in favor of our client for waiver of costs with Demurrer pending.

Plaintiff filed a complaint against our client city with claim of injuries she allegedly sustained as a result of a fall she suffered while walking on the sidewalk including contusions and abrasions to ... right side of head, dislocated right elbow which required surgery, and injury to her left knee. $390,000 in general damages.

Government

User of Sidwalk v. City

N/A

OUTCOME: Case settled for waiver of costs with Motion for Summary Judgment pending in favor of our client. Our firm presented a novel argument that trail immunity barred claims because the sidewalk was part of the public park system.

Plaintiff filed a complaint against our client city for dangerous condition of public property resulting from fall by 61-year-old man who fell while on a public right of way sidewalk in a city park and ... suffered serious rotator cuff injury. Claim that uneven condition of sidewalk with lifted section in excess of 1.5” caused fall. $125,000 in general damages.

Government

65 yr. old v. City

N/A

OUTCOME: $5,000 settlement on behalf of our client City.

Plaintiff filed a complaint against our client city for dangerous condition of public property resulting from the claim of 65 year old Plaintiff who allegedly fell after tripping on a section of raised ... concrete which was a driveway approach to a private residence sustaining injuries including left wrist, palm, and knee, in addition to abrasions and bruising to face, as well as facial lacerations requiring sutures to the area around left eye, with claimed resultant facial scarring. $100,000 in general damages.

Government

BMX Bike Rider v. City Sidewalk/Design

N/A

OUTCOME: Motion for Summary Judgment granted in favor of our client City.

Plaintiff filed a complaint against our client city for dangerous condition of public property resulting from fall by 16-year-old bicyclist who struck a concrete “splash curb” adjacent to a public righ ... t of way sidewalk and suffered serious facial fractures. In excess of $563,807 in general damages plus medical expenses.

Government

Pedestrian v. City Unimproved Right of Way

N/A

OUTCOME: $5,000 settlement with Motion for Summary Judgment pending.

Plaintiff filed a complaint against our client city for dangerous condition of public property resulting from the claim of 25-year-old plaintiff for significant injuries she allegedly sustained as a re ... sult of a fall she took in a large depression while walking on part of City's unimproved right-of-way. $35,000 in lost wages and $17,572 in medical expenses.

Government

Razor Scooter v. City Sidewalk

N/A

OUTCOME: Motion for Summary Judgment granted in favor of our client.

Plaintiff filed a complaint against our client city for dangerous condition of public property resulting from claim by 12-year-old operator of a non-motorized Razor Scooter who fell over an upraised po ... rtion of sidewalk that prior to his fall had been repaired with asphalt ramp by City. Plaintiff suffered severe injuries, including seizure. $22,500 in general damages plus medical expenses.

Government

Bike Rider v. City Street

N/A

OUTCOME: $5,000 settlement with Motion for Summary Judgment pending on behalf of our client City.

Plaintiff filed a complaint against our client city for dangerous condition of public property resulting from an accident wherein plaintiff’s bicycle front tire struck a “pothole” containing a water va ... lve. Plaintiff contended that the water valve was not flush with the street with the effect that a “pothole” was created and resulted in his fall as his front wheel struck the pothole. As a result of the fall, plaintiff suffered two severely broken wrists requiring surgery. 1.9 Million in general damages plus $91,000 in medical expenses plus $41,229 in loss of earnings.

Kelly Ann Fortin's Legal Cases (15)

Equestrian Trail Rider v. City

Driver v. City Street Sweeper

Dog Walker v. City Sidewalk

Head Injury Claimant v. City Sidewalk

User of Sidwalk v. City

65 yr. old v. City

BMX Bike Rider v. City Sidewalk/Design

Pedestrian v. City Unimproved Right of Way

Razor Scooter v. City Sidewalk

Bike Rider v. City Street