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Personal Injury (Non-Vehicular)
Premises
Government Liability

Seth Bertram v. City and County of San Francisco

Published: Jul. 30, 2002 | Result Date: Feb. 15, 2002 | Filing Date: Jan. 1, 1900 |

Case number: 316096 –  $567,671

Court

San Francisco Superior


Attorneys

Plaintiff

Richard H. Schoenberger
(Walkup, Melodia, Kelly & Schoenberger)

Doris Cheng
(Walkup, Melodia, Kelly & Schoenberg)


Defendant

Karen E. Kirby
(Office of the San Francisco City Attorney)


Experts

Plaintiff

Mark B. Shattuck
(technical)

Jack McAninch
(medical)

Defendant

Paul Kayfetz
(technical)

Gordon C. Lundy
(medical)

Robert L. Cargill
(technical)

Steven L. Wolfe
(medical)

Facts

On May 31, 2000, the plaintiff, a 30-year-old produce clerk, was crushed between a moving light rail vehicle
("LRV") and the handicap ramp at 9th and Judah St. in San Francisco. The plaintiff was not at a designated
stop.
At the time of the accident, the plaintiff was standing in the street, next to the handicap
ramp and was knocking on the front door of the LRV. When the LRV turned left from Judah
Street onto 9th Avenue, the rear right corner of the LRV swung within two inches of the ramp,
striking the plaintiff and inflicting severe injuries.

Settlement Discussions

The plaintiff submitted a CCP Section 998 demand of $299,999.99; the defendant offered $10,000.

Specials in Evidence

$118,715 $23,956

Injuries

Pelvic crush resulting in bilateral fractures to the superior and inferior rami extending into the acetabuli; ruptured and transected urethra, requiring urethroplasty surgery; aggravated shoulder and knee instability.

Result

The court ruled that the city did not have to comply with the CPUC standards. The court also ruled that design immunity did not apply because the city failed to produce substantial evidence that the design of the LRV stop with a two-inch clearance from the handicap ramp was reasonable.

Other Information

The defendant's Motion for a new trial was denied. According to the defendant, an appeal is pending.


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