Erica Zweig v. City and County of San Francisco, and Does 1 to 100
Published: Sep. 1, 2023 | Result Date: Apr. 21, 2023 | Filing Date: Aug. 20, 2021 |Case number: CGC-21-594634 Settlement – $85,000
Judge
Court
San Francisco County Superior Court
Attorneys
Plaintiff
Michael E. Hale
(Liuzzi, Murphy, Solomon, Churton, Hale & Win)
Defendant
Natassia Kwan
(Office of the San Francisco City Attorney)
Facts
On October 31, 2020, Erica Zweig was on a sidewalk in the vicinity of Argonne Playground, near 19th Avenue and Geary Street in San Francisco. According to Zweig, she was walking on the sidewalk when she tripped, fell and was injured due to the dangerous condition of the sidewalk. On August 20, 2021, Zweig filed suit against the County and City of San Francisco.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant maintained or failed to maintain the sidewalk in a safe manner. She alleged that defendants were aware, or should have been aware, that the sidewalk was heavily transited and its unsafe and dangerous condition created a risk of harm to all pedestrians traversing the sidewalk, including herself. Thus, defendants' failure to use reasonable care in maintaining the sidewalk, or to at least provide notice as to the unsafe condition was negligent and was a substantial factor in the reason for her injuries.
DEFENDANTS' CONTENTIONS: Defendants denied all contentions, asserting among others, that defendant assumed the risk, or was comparatively negligent or contributed to her injuries.
Result
The case settled for $85,000.
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