Facts

Plaintiff Mark Jones was riding a motor scooter in San Francisco. He lost control of the scooter and crashed into some parked cars. He sued the city of San Francisco for premises liability, claiming a dangerous condition on public property.

PLAINTIFF'S CONTENTIONS:
The plaintiff alleged that he lost control after the tire of his scooter struck a manhole cover sunken three- to- four inches below the surface of the street. He provided witness testimony to support his claim. He claimed the accident could have been prevented if the city had an adequate road inspection program in place.

DEFENDANT'S CONTENTIONS:
The defendant contended the manhole cover was no more than one or two inches below the surface of the street and was an open and obvious danger. It argued that plaintiff was speeding at the time he lost control as well.

Specials in Evidence

The plaintiff sought to recover $150,000 for medical expenses. Plaintiff requested $90,000 in future medical costs.

Damages

The plaintiff walks with a limp and requires an ankle brace. He sought an unspecified amount of damages for pain and suffering.

Injuries

The plaintiff sustained a fracture to his tibia. He developed compartment syndrome and nerve loss in the lower right extremities as a result of the accident.

Result

The jury found in favor of the defense.

Deliberation

2.5 hours

Poll

9-3

Length

14 days