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
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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