Facts

On January 7, 2021, Andrea Ortega, a 32-year old attorney, filed a complaint against the City of San Jose and the Santa Clara Valley Transportation Authority for damages stemming from a dangerous condition of defendants' public property.

PLAINTIFF'S CONTENTIONS: According to plaintiff, on December 17, 2019, at about 10 p.m., she was traveling with her boyfriend (tandem) on a Bird electric scooter across San Fernando Plaza when her scooter struck the base of a light pole that was missing the pole and light. The area was inadequately lit given that light pole's defective nature and another adjacent light fixture being inoperative. Moreover, no signs, visible markings, or signals were placed as a warning of the dangerous condition. When plaintiff was thrown from her scooter, she struck her face and head on the ground, causing major injuries. The pair were coming from a San Jose Sharks game at the SAP Center and were weaving through the park next to the Santa Clara VTA San Fernando light rail station when the incident occurred.

DEFENDANTS' CONTENTIONS: Defendants denied the material allegations.

Specials in Evidence

Plaintiff's incurred medical costs were $35,000, and she also anticipated future medical costs for dental monitoring and scar remediation treatments.

Result

To avoid the inherent risks of litigation, defendant City agreed to pay $337,500 to fully satisfy all claims. Bird Rides Inc. agreed to contribute $125,000 toward the settlement amount and the parties agreed to bear the litigation costs and attorneys' fees on their own.

Other Information

On June 4, 2020, plaintiff first presented defendants with a claim for personal injury as required by Government Code Section 910. After no response, she filed the lawsuit. The matter resolved days before trial was set to begin.