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Personal Injury
Dangerous Condition of Public Property
Auto v. Pedestrian

Sakshi Tomar, Valentyn Stadnytskyi v. Peter Katsoulis, Grace Acquisition LLC dba Athena Grill, City and County of San Francisco, and Does 1 to 50

Published: Jan. 8, 2021 | Result Date: Dec. 22, 2020 | Filing Date: May 21, 2019 |

Case number: CGC-19-576120 Summary Judgment –  Defense

Judge

Ethan P. Schulman

Court

San Francisco County Superior Court


Attorneys

Plaintiff

Walter H. Walker III
(Walker, Hamilton & Kearns LLP)


Defendant

Ryan Christopher Stevens
(Office of the San Francisco City Attorney)


Facts

On Dec. 10, 2018, plaintiff Sakshi Tomar was crossing the intersection of 16th Street and Connecticut Avenue in San Francisco when he was struck by a motor vehicle driven by defendant Peter Katsoulis. Katsoulis was cited for failing to yield to a pedestrian. Plaintiff filed a negligence complaint against defendant the City of County of San Francisco in relation to the motor vehicle accident.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that the intersection of 16th Street and Connecticut Avenue which was controlled by defendants was a dangerous condition that created a substantial risk of injury to a pedestrian walking in the dark. Plaintiff contended that defendants were negligent for failing to fix the dangerous condition.

DEFENDANTS' CONTENTIONS: Defendants denied plaintiff's contentions. Defendants contended that plaintiff's negligence cause of action against defendants lacked the necessary statutory basis. Defendant contended that plaintiff failed to identify a dangerous condition of public property.

Result

The court granted defendants' motion for summary judgment.


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