Facts

Scott Crayne was walking on the public sidewalk on 1st Street at or near 346 1st Street in San Francisco, when Crayne tripped and fell. Crayne subsequently filed an action against the City and County of San Francisco (CCSF) and Bancal Management Corporation.

PLAINTIFF'S CONTENTIONS: Plaintiff asserted claims for dangerous condition of public property and negligence. Plaintiff contended that the portion of the sidewalk complained of in this action was uneven, raised and had holes, cracks, crevices, or other defects which created a dangerous condition on the surface of the sidewalk. Plaintiff claimed that he was injured when he tripped and fell as a result of such dangerous condition. Plaintiff contended that defendants owned and/or controlled the premises that injured plaintiff; the dangerous condition created a reasonably foreseeable risk of the kind of incident that occurred; defendants knew or should have known of the dangerous condition and knew or should have known that it was dangerous; the dangerous condition existed long enough prior to the subject incident; and defendants had time to take measures to protect against the condition. Plaintiff asserted that defendant Bancal failed to exercise ordinary care in the maintenance of the premises by failing to set out warning signs, marking delineators, or any warnings to plaintiff that the condition of the premises failed to meet the minimum standards of safety as set forth in the appropriate business codes.

DEFENDANTS' CONTENTIONS: Defendants denied all contentions. Defendants further denied that plaintiff had been damaged in any way by reason of any act or omission of defendants. Defendant CCSF argued that, as a matter of law, the dangerous condition alleged by plaintiff did not create a substantial risk of injury to foreseeable users who employed due care, and the cost of operating and maintaining an inspection system that would have been adequate to discover the alleged defect of which plaintiff complained would have been unreasonably expensive and impractical in relation to the risk involved. Defendant CCSF also asserted that, even if plaintiff should establish liability on the part of defendant CCSF, defendant Bancal was obligated to defend and indemnify the city.

Injuries

Plaintiff claimed he suffered injuries to his head and back, and suffered residual pain and limitations.

Result

The case settled for $45,000.