Case Background
David Beri and his wife, Eva Beri, lived in Los Angeles. On May 12, 2021, David walked along the sidewalk at 1613 South Beverly Drive. The walkway was broken, uneven, and allegedly unsafe for pedestrians. The property fell under the control of the City of Los Angeles and property owner Rochelle C. Feldman.
Cause
While walking late at night, David tripped on the dilapidated sidewalk and fell. The Plaintiffs alleged the City designed and maintained the sidewalk but allowed it to remain dangerous. They claimed Feldman, as a property owner, failed to manage or repair the condition. They further argued the hazard existed long enough for Defendants to discover and fix it but they did not. The Plaintiffs asserted the sidewalk violated municipal codes meant to protect pedestrians.
Injury
David suffered physical and emotional injuries from the fall. He reported permanent harm to his body and nervous system. He also endured severe distress and ongoing pain. The injuries allegedly weakened his health, vitality, and ability to perform daily activities.
Damages
The Plaintiffs sought general damages for pain and suffering. They also demanded special damages for medical care, hospital expenses, and professional treatment. They alleged future medical costs would continue. Additionally, Eva claimed loss of consortium, citing deprivation of love, companionship, and support caused by her husband’s injuries.
Key Arguments and Proceedings
Legal Representation
Plaintiff(s): David Beri | Eva Beri
Counsel for Plaintiff: Ashley Marie Conlogue | Kevin Shawn Conlogue
Defendant(s): City of Los Angeles | Rochelle C. Feldman
Counsel for Defendants: Mark R. Weiner | David Levi Weisberg
Claims
The Complaint listed five causes of action. The first was negligence against Feldman and Does 1–50 for failing to maintain the property. The second was premises liability against Feldman and Does for dangerous conditions. The third alleged negligent execution of a mandatory duty under Government Code §§ 815.4 and 815.6 against the City. The fourth claimed a dangerous condition of public property under Government Code § 835 against the City. The fifth asserted loss of consortium on behalf of Eva against all Defendants.
Defense
Defendant Rochelle Feldman filed a general denial of all allegations and raised multiple affirmative defenses. She argued that any alleged injuries resulted from the Plaintiffs’ own negligence, failure to mitigate damages, or assumption of risk. She further claimed the condition was open and obvious, that the alleged defect was trivial, and that liability should be apportioned among all responsible parties.
The City of Los Angeles also denied liability and asserted that the Plaintiffs’ injuries were caused by their own negligence or by third parties. It raised defenses including assumption of risk, statute of limitations, and failure to comply with the California Tort Claims Act. The City additionally claimed statutory immunities under the Government and Streets & Highways Codes. Both Defendants demanded a jury trial.
Settlement
Defendant Rochelle C. Feldman reached a settlement of $562,500 with Plaintiffs David and Eva Beri. The settlement was submitted to the Court for a good faith determination under Code of Civil Procedure § 877.6, which would bar contribution or indemnity claims against Feldman by other Defendants.
Court Documents
Court documents are available for purchase upon request at [email protected]
