Facts

Jose Antunes filed suit against the City of San Diego in relation to a bicycle crash while riding in the bike lane on El Camino Real in Carmel Valley.

PLAINTIFF'S CONTENTIONS: Antunes alleged that he was riding his bike approximately 10 miles per hour when he struck a series of large cracks in the bike lane, which caused him to crash his bicycle. Antunes claimed that he suffered a broken collarbone and could not compete in triathlons any longer due to his injuries. Antunes contended that the crack had been present in the bike lane for years.

DEFENDANT'S CONTENTIONS: The City alleged Antunes' complaint was filed over six months after his claim to the City's Risk Management department was denied, and thus it was barred by the statute of limitations set forth in Government Code Sections 945.6. Specifically, the City alleged the City's denial of Antunes' claim was sent on October 17, 2016, and Antunes only filed his claim on June 6, 2017, past the six-month statute of limitations.

Result

The parties reached a settlement agreement under which the City agreed to pay $75,000 to settle Antunes' claims.