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Personal Injury
Auto v. Auto

Andrea Gansheimer v. City and County of San Francisco, Joseph Manuel Vera, individually and Does 1 to 10

Published: Feb. 18, 2022 | Result Date: Jan. 4, 2022 | Filing Date: Jan. 23, 2020 |

Case number: CGC-20-582426 Settlement –  $315,000

Judge

Vedica S. Puri

Court

San Francisco County Superior Court


Attorneys

Plaintiff

John C. Stein
(The Boccardo Law Firm Inc.)

James P. Collins
(The Boccardo Law Firm Inc.)

Shelley L. Coleman
(The Boccardo Law Firm Inc.)


Defendant

Kelly M. Collins
(Office of the San Francisco City Attorney)


Facts

On or about April 8, 2019, Joseph Vera, a City of San Francisco police officer, was driving an emergency vehicle with his lights and siren on. At Eddy Street near Leavenworth Street, he ran a red light and collided with retired nurse, Andrea Gansheimer. Gansheimer filed suit against Vera along with the City and County of San Francisco.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff Gansheimer contended that defendant Vera was driving without due regard for the safety of others as required by SFPD policy and by Vehicle Code 21044, in that he was traveling at an unsafe speed given the existing traffic and other conditions, and failed to clear the intersection, causing the high impact collision that occurred between his and Gansheimer's vehicles. Due to Vera's negligent, careless and reckless actions, she further alleged that she sustained severe personal injuries and damages. As to defendants the County and City of San Francisco, she noted that they owed her not only a duty of care, but the highest degree of care, vigilance and foresight to act in a reasonable, safe and legal manner as to their ownership, entrustment, maintenance and control of the vehicle Vera was driving.

DEFENDANTS' CONTENTIONS: Defendants denied all contentions. The City and County of San Francisco noted, along with other defenses, that its employee was acting in good faith.

Damages

Gansheimer noted that she suffered hospital and medical expenses, general damage, loss of earnings, physical injuries, and a traumatic brain injury. She sought compensatory damages according to proof and demanded a jury trial.

Result

The city authorized a settlement for $315,000.


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