Facts

Jacqueline Ortega and Thomas Brisebras filed a lawsuit against the City and County of San Francisco in connection with a motor vehicle accident.

PLAINTIFF'S CONTENTIONS:
Plaintiffs alleged that on Dec. 17, 2011, Ortega was operating a Vespa scooter on a downhill street, where there was a condition on the roadway of fixed, exposed beams that were protruding from metal construction plates. As she was driving downhill, Ortega crashed into the protruding construction apparatuses, which caused her to be thrown from her vehicle. Ortega alleged that the City and County of San Francisco was the owner, operator and controller of the part of the street where the protrusions were located. She argued that a "Tow Away, No Stopping" zone sign put up by defendant was inadequate and did not give her sufficient warning that a dangerous condition of public properly existed ahead of her. She argued that the planning, design and approval of the construction zone violated traffic engineering regulations and construction regulations, and created a foreseeable risk of harm. Ortega's husband, Brisebras, alleged loss of consortium.

DEFENDANT'S CONTENTIONS:
Defendant argued that Ortega realized and appreciated the alleged danger that presented itself and that she voluntarily placed herself in a position of peril. Defendant claimed plaintiff had full knowledge of the risks involved in the activity and that she contributed to her own injuries. Defendant argued that the condition complained of is not a dangerous condition because it did not create a substantial risk of injury when used with due care. Further, defendant claimed its officials used reasonable discretion in approving the design and features of the construction site.

Result

The City and County of San Francisco agreed to pay $221,175 to settle the matter.