The City Attorney’s Office is opposing the plaintiffs’ request for a speedy trial in a lawsuit brought by an 85-year-old woman who suffered serious injuries when an electrical line belonging to the Department of Water and Power fell on her while she was walking in the Fairfax District in March. Ann Gelfand and her husband, Martin Gelfand, are seeking an early trial due to their advanced ages. A hearing on the matter is scheduled for August 15.
In their court documents, the plaintiffs’ lawyers emphasize the extent of Ann Gelfand’s injuries and the lifelong medical care she will require. They also mention the emotional impact on Mr. Gelfand, who has experienced a loss of consortium as a result of his wife’s injuries.
However, the City Attorney’s Office, in its court papers filed on Thursday, argues against expediting the trial. They contend that while the plaintiffs are elderly and Ann Gelfand may have been injured because of the actions of the defendant (LADWP), these factors alone do not meet the legal requirements for a trial preference. The city’s lawyers also mention that obtaining medical records and conducting depositions will be necessary, and they anticipate a complex and time-consuming process, especially considering the plaintiffs’ out-of-state residency.
The lawsuit, filed on June 7, alleges negligence and the dangerous condition of public property. According to the complaint, Ann Gelfand was walking near Kilkea Drive and Clinton Street when an electrical power line fell on her, causing her to fall to the ground and sustain severe injuries, including a significant head injury as well as a fractured knee and ankle that required surgery. She continues to experience blurry vision in her right eye and relies on a wheelchair, with the assistance of a home health nurse, for wound care dressing.
In conclusion, the City Attorney’s Office opposes the plaintiffs’ request for an expedited trial in the case of Ann Gelfand’s injuries caused by the Department of Water and Power’s electrical line incident. The city’s attorneys argue that the necessary legal procedures and the complexity of the case, compounded by the plaintiffs’ residency out of state, warrant a thorough and time-consuming process.
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