Case Background
Mary Lynn Ashby lived in Los Angeles. On September 30, 2021, she walked along a sidewalk near 5759 Troost Avenue in North Hollywood. The property was under the control of the City of Los Angeles, along with private owners Brandi M. Centeno and William Clark. According to her complaint, they were responsible for maintaining and inspecting the sidewalk. Ashby alleged they allowed the walkway to remain uneven and dangerous, creating a serious hazard for pedestrians.
Cause
Ashby tripped and fell on the sidewalk because of its uneven surface. She alleged the City, Centeno, Clark, and Doe defendants negligently failed to inspect, repair, or warn of the dangerous condition. She argued the defendants knew or should have known of the hazard but ignored it. She further claimed the condition posed a foreseeable risk of injury to those using the property with reasonable care.
Injury
The fall caused Ashby serious and permanent injuries. She alleged harm to her health, strength, and nervous system. She reported ongoing pain and suffering, both physical and emotional. Ashby claimed her injuries would cause long-term disability and continued distress.
Damages
Ashby sought recovery for medical expenses, rehabilitation costs, and incidental expenses. She also claimed damages for lost wages, loss of earning capacity, and future income loss. Beyond financial losses, she requested compensation for pain, suffering, mental anguish, and emotional distress.
Key Arguments and Proceedings
Legal Representation
Plaintiff(s): Mary Lynn Ashby
Counsel for Plaintiff: Lilian Sedaghat
Defendant(s): Brandi M. Centeno | William Clark | City of Los Angeles | County of Los Angeles
Counsel for Defendants: Gary A. Bacio | Lilya Dishchyan | Meredith Chase Doyle
Claims
Ashby brought four causes of action. First, liability for dangerous condition of public property under Government Code §835 against the City of Los Angeles and Doe defendants. Second, public employee liability under Government Code §840.2 against City employees and Does. Third, negligence against Centeno, Clark, and Does, alleging failure to maintain the property and warn of dangers. Fourth, premises liability against Centeno, Clark, and Does, claiming careless ownership and management created unsafe conditions. She demanded general, special, and compensatory damages, along with a jury trial.
Defense
In their Answer to the Complaint, Defendants Brandi M. Centeno and William Clark issued a general denial of all allegations, specifically disputing that Plaintiff Mary Lynn Ashby suffered any injuries or damages due to their conduct. They raised multiple affirmative defenses, arguing that Ashby’s own negligence contributed to the incident and that she voluntarily assumed the risks involved. They further asserted that any injuries were caused, wholly or in part, by third parties, not them.
The Defendants also relied on several legal defenses, including failure to state a claim, statute of limitations, failure to mitigate, unclean hands, waiver, estoppel, laches, open and obvious condition, lack of notice, trivial defect, and absence of causation. Collectively, these defenses aimed to limit or bar liability, asserting that the Plaintiff should recover nothing and that the Defendants be awarded costs.
Settlement
On May 22, 2024, Plaintiff Mary Lynn Ashby and Defendants, including the City of Los Angeles, County of Los Angeles, Brandi M. Centeno, and William Clark, reached a settlement resolving Ashby’s personal injury lawsuit. The settlement provided $150,000 in compensation to Ashby in exchange for dismissal of the case and release of all claims. This agreement concluded the litigation ahead of the scheduled June 17, 2024 trial date, bringing final resolution to the dispute.
Court Documents
Court documents are available for purchase upon request at [email protected]
