Rebecca Michaels v. City and County of San Francisco, Regents of the University of California and Does 1 through h25
Published: Oct. 28, 2022 | Result Date: Sep. 13, 2022 | Filing Date: May 12, 2020 |Case number: CGC-20-584429 Settlement – $280,000
Judge
Court
San Francisco County Superior Court
Attorneys
Plaintiff
Craig C. Sheffer
(Dreyer, Babich, Buccola, Wood & Campora LLP)
Defendant
William B. Rowell
(Wendel Rosen LLP)
Marc Brainich
(Wendel Rosen LLP)
Christopher B. Whitman
(Office of the San Francisco City Attorney)
Facts
On June 19, 2019, Rebecca Michaels was walking on Post Street, near Divisadero Street, in San Francisco when she tripped on a raised edge of a sidewalk and fell, injuring herself. On May 12, 2020, Michaels filed suit against the City and County of San Francisco, the Regents of the University of California, and Does 1 through 25.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that she tripped and injured herself due to a dangerous condition of public property; that the defendants created the sidewalk and allowed its dangerous conditions; that the defendants had possession or control over the sidewalk; that the defendants had knowledge of the condition of the sidewalk, but they chose not to correct its condition; and that the defendants' negligence was the cause of her injuries. Plaintiff further contended that the incident was the result of improper, inappropriate, and unsafe design, maintenance, construction, monitoring, inspection, control, and management of the incident by employees or representatives of the defendants.
DEFENDANTS' CONTENTIONS: The defendants denied any wrongdoing or liability. Defendant Regents of the University of California contended that it was not liable for the plaintiff's injuries because the Defendant City and County of San Francisco was the owner of the sidewalk, and a tree owned by the City had cause the defective condition of the sidewalk. It further contended that the City had knowledge of the defect, and it had taken on the responsibility to repair the condition of the sidewalk.
Result
The parties reached an agreement wherein the defendants admitted no liability but agreed to pay plaintiff $280,000 to settle her claims.
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