Ralph Bower v. City and County of San Francisco
Published: Aug. 23, 2024 | Result Date: May 7, 2024 | Filing Date: Apr. 10, 2023 |Case number: CGC-23-605730 Settlement – $800,000
Judge
Court
San Francisco County Superior Court
Attorneys
Plaintiff
Andrea G. Posey
(Coopers LLP)
Maryanne B. Cooper
(Coopers LLP)
Miles B. Cooper
(Coopers LLP)
Defendant
Hunter W. Sims III
(Office of the San Francisco City Attorney)
Facts
Ralph Bower, Veronica Fulton, Aidan Gauper, and Cory Maryott sued the City and County of San Francisco for personal injuries incurred on the City's streets while they were riding bicycles or an electric scooter.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs contended that defendant's negligent actions caused plaintiffs' damages. According to plaintiffs, a week before their injuries, the San Francisco Water Department conducted repairs on a leak in the street where the incidents occurred. The street was primarily a bicycle route and defendant made a faulty repair of the roadway resulting in a dangerous condition--a large, unavoidable bump spanning the width of the street. Despite this dangerous condition, there was no signage, and no writing on the roadway warning cyclists and pedestrians that the bump was there. Plaintiffs asserted that defendant was notified at least four times about the dangerous condition. Plaintiff Fulton was injured when her electric scooter encountered the unmarked bump, and she was thrown from her scooter. Plaintiffs Gauper, Bower, and Maryott were injured while riding their bicycles on separate occasions when they were unable to avoid the dangerous condition. Plaintiffs Maryott and Gauper each suffered a broken elbow requiring surgery, whereas plaintiff Bower suffered a broken collarbone and ribs, also requiring surgery.
DEFENDANT'S CONTENTIONS: Defendant denied all material contentions.
Result
Partial settlement of $800,000 for plaintiffs Gauper and Maryott.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390