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Personal Injury
Dangerous Condition
Negligent Maintenance

Victor Jimenez v. City and County of San Francisco, and Does 1 through 50, inclusive

Published: May 12, 2023 | Filing Date: Jul. 20, 2021 |

Case number: CGC-21-593613 Settlement –  $100,000

Judge

Samuel K. Feng

Court

San Francisco County Superior Court


Attorneys

Plaintiff

Ross W. McKissick
(Harris Personal Injury Lawyers Inc.)

Philip C. Alexander
(Harris Personal Injury Lawyers)


Defendant

Margaret S. Schroeder
(Office of the San Francisco City Attorney)


Facts

A sinkhole opened in the roadway underneath Victor Jimenez's vehicle while he was driving in San Francisco, causing damage to the vehicle. On July 20, 2021, Jimenez brought a complaint against the City and County of San Francisco, alleging a dangerous condition of public property.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff alleged that the sinkhole was a dangerous condition of public property that defendant as aware of but failed to adequately respond to in violation of their duty. Further, plaintiff argued that he sustained property and personal injuries arising from the sinkhole as a direct and proximate cause of defendant's negligence.

DEFENDANT'S CONTENTIONS: Defendant alleged that it did not have notice of the sinkhole and did not create the condition and was thus immune from liability under the Government Code. Defendant further argued plaintiff's injuries were overstated.

Result

The City and County of San Francisco agreed to pay $100,000 to settle all claims.


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