Facts

On the evening of Jan. 2, 2006, plaintiff Valeriano Saucedo rode bicycle with his girlfriend in light rain on Shattuck Ave. adjacent to the University of California in Berkeley. As they turned left on University Avenue, his front wheel struck a one foot wide, six inch deep pothole filled with water. He was thrown off his bike and landed on his left hand. Saucedo sued the City of Berkeley. The city filed a cross-complaint against Comcast of CA/CO LLC because it caused the pothole by creating a cable trench nearby. Comcast filed for summary judgment, but the motion was not heard.

PLAINTIFF'S CONTENTIONS:
Saucedo claimed that the pothole posed a substantial risk of injury and the City had constructive notice of the defect, but did not cure it because it failed to adequately inspect for the pothole. He argued that he could not see the pothole because it was filled with rainwater and because it was dark out. The pothole, it was argued, was patched up the next day.

DEFENDANT/CROSS-COMPLAINANT'S CONTENTIONS:
The City argued that it did not have any notice of the pothole and Saucedo could not prove the roadway was a dangerous condition. The City also claimed that Saucedo was 50 percent negligent for riding a bicycle with no lights or breaks and with razor-thin tires in the rain at night. Further, the City argued that Saucedo had seen the pothole a month before the accident. The pothole, it argued, was not immediately repaired by the City following the mishap.

Also, the City claimed Comcast caused the pothole by laying a cable trench, which disturbed the adjacent soil. Further, Comcast breached the franchise agreement to obtain and maintain commercial general liability insurance, naming the City as an insured.

CROSS-DEFENDANT'S

Specials in Evidence

Saucedo claimed medical costs of $78,691.

Damages

Saucedo claimed damages for past and future pain and suffering, among other damages. The City claimed that Comcast owed it at least $32,000 for its defense against Saucedo.

Injuries

A day after the accident, Saucedo went to the hospital. He claimed fractures of the third, fourth, and fifth metacarpals on his left, non-dominant hand, with volar angulation of the distal fragments and a deformity in the area of the fractures. Saucedo also claimed oblique fractures through the mid-shaft, left third and fourth metacarpals, and distal fifth metacarpal, and a comminution of the fourth metacarpal fractures with a linear extension. After pain medication was prescribed, Saucedo claimed he underwent open-reduction-internal fixation surgery which resulted in permanent hardware to be implanted to stabilize the damage. Post-operation surgery required multiple screws along the fractured metacarpals with anatomic alignment. He underwent intensive physical therapy. Saucedo claimed continued pain, stiffness, and numbness as a result of his injuries. He now has difficulty closing his fist and takes longer to finish assignments. Also, activities such as bike riding, cooking, grooming, dressing, and cleaning were compromised for some time.

Result

The parties settled. The city agreed to pay $125,000 and Comcast agreed, through its insurer, Liberty Mutual Insurance Co., to pay $20,000.