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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