Jane Swigart v. San Francisco Department of Public Works, City and County of San Francisco, and Does 1 through 50, inclusive
Published: Sep. 20, 2024 | Result Date: Jun. 21, 2024 | Filing Date: Mar. 16, 2022 |Case number: CGC-22-598721 Settlement – $150,000
Judge
Court
San Francisco County Superior Court
Attorneys
Plaintiff
Timothy C. Kuzelka
(Law Office of Brian H. Turner)
Brian H. Turner
(Law Office of Brian H. Turner)
Mark H. Harris
(Law Office of Mark H. Harris)
Defendant
Steven F. Egler
(Office of the San Francisco City Attorney)
Facts
On February 8, 2021, at about 11:30 a.m., 79-year-old Jane Swigart was walking on Monterey Boulevard in San Francisco. After tripping on a raised portion of the sidewalk, she was injured and taken to the hospital. On March 16. 2022, Swigart sued the San Francisco Department of Public Works and others for premises liability, dangerous condition of public property, and negligence.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendants' improper maintenance of the sidewalk caused her injury. Plaintiff stated that the lack of maintenance resulted in the tree roots' growth raising the sidewalk, creating several uneven sections of the sidewalk. While walking on the sidewalk, she tripped on a deviated section, causing her to fall directly onto her hip, shoulder, and head.
DEFENDANTS' CONTENTIONS: Defendants denied all material allegations.
Injuries
Plaintiff's right humerus and right pubic ramus were fractured. After emergency treatment, plaintiff was sent to a rehab facility to continue her recovery.
Result
The case settled for $150,000.
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