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Personal Injury
Dangerous Condition of Public Property
Negligent Maintenance

Justin Zanders v. The City and County of San Francisco and Does 1 through 25, inclusive

Published: Apr. 19, 2019 | Result Date: Oct. 3, 2018 |

Case number: CGC-17-557682 Verdict –  $351,740

Judge

Charles F. Haines

Court

San Francisco County Superior Court


Attorneys

Plaintiff

R. Boone Callaway
(Callaway & Wolf)

Vadim A. Nebuchin
(Callaway & Wolf)


Defendant

David A. Delbon
(Office of the San Francisco City Attorney)

Christopher B. Whitman
(Office of the San Francisco City Attorney)


Facts

Justin Zanders filed suit against the City and County of San Francisco in relation to being struck in the head by a power pickup pole on a city bus as he walked down a sidewalk on Mission Street.

Contentions

PLAINTIFF'S CONTENTIONS: Zanders contended that a power pickup pole became disconnected from an overhead wire from the city bus and struck him on the head. As a result, he contended that he sustained an injury and he fell unconscious. Zanders contended that defendant was negligent in the maintenance of the bus, which created a dangerous condition.

DEFENDANT'S CONTENTIONS: Defendant stipulated to liability.

Settlement Discussions

Plaintiff made a $200,000 demand per CCP Section 998.

Injuries

Plaintiff sustained a mild traumatic brain injury, with ongoing symptoms. Defendant contended that Zanders made a full recovery within three months of the injury.

Result

The jury found in favor of Zanders and awarded him $266,740, which included $36,740 in past medical costs, $180,000 in past non-economic damages, and $50,000 in future non-economic damages. An additional $85,000 was recovered in costs.


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