Trip and fall caused by missing sidewalk costs Modesto $250,000

Modesto has paid $250,000 to settle a lawsuit that said the city was at fault for a man tripping, falling and severely breaking his ankle along a missing section of city sidewalk while walking one of his dogs at night.

Chris Goodrum, 52, was a few blocks from his home as he was walking in the 600 block of East Morris Avenue around 11:30 p.m. on May 20, 2015.

The section of sidewalk where he tripped and fell had about a third of it missing after the city cut away a half-moon-shaped segment of concrete. Goodrum said there was a deep hole where the city had removed the sidewalk and he fell. He said it was dark and this was the first time he had walked along this route.

The city had removed the section of sidewalk to make room for a tree, said attorney Angelica Anguiano with the Modesto-based Law Offices of Mark S. Nelson, which represented Goodrum.

Anguiano said the city removed the tree after it died but did not fix the sidewalk. “In many cases, we have to prove that the city knew there was a dangerous condition,” she said. “In this case, they created it.”

Modesto has since repaired the sidewalk. But Goodrum said breaking his left ankle has turned his life upside down.

He’s had two surgeries, wears an ankle brace and said his doctor wants him to have ankle replacement surgery soon. He said his employer let him go in May from his job as an auto technician because he could not meet the physical demands.

Goodrum said he led an active life before his injury, including hiking, golfing and jogging as well as taking his three dogs on long walks. He said he can no longer do those and other activities he once enjoyed.

“I lost my job because of this injury,” he said. “I”m sad for the fact that I cannot do a lot of things I used to do. I’ve put on weight. I’m just not me.”

While Modesto did not admit to any liability or responsibility in the settlement, city spokesman Thomas Reeves provided this statement:

“Injury caused on city streets is regrettable and most often avoidable, and in this incident, the city was unable to make timely repairs to one of our damaged sidewalks.

“We strive to ensure our limited resources are used most efficiently toward the safety and well-being of our community, and we will continue to seek feedback from our residents on how to address needed repairs.”

Modesto also paid $36,500 in legal costs to defend itself. That brings the city’s total cost to settle the lawsuit to $286,500. The city will bear all of these costs. Its insurance kicks in for costs above $1 million. Goodrum paid his own legal costs from the settlement.

He sued Modesto in Stanislaus County Superior Court in 2016. The city settled the case in April. Goodrum also sued the owner of the home that had the faulty section of city sidewalk in front of it. But the owner did not pay anything to Goodrum. The owner did not respond to a request for comment.

The Bee learned about the settlement through a Public Records Act request with the city seeking all payments it had made in the final quarter of its 2017-18 budget year, which ended June 30, to resolve claims, lawsuits and similar matters.

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This story was originally published July 29, 2018 at 4:39 PM with the headline "Trip and fall caused by missing sidewalk costs Modesto $250,000."