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NORTHERN CALIFORNIA RECORD

Tuesday, April 30, 2024

Widow of man who died in fall from SF rooftop patio sues building owner for not protecting 'visibly intoxicated' man

Lawsuits
Webp law reed nikolaus

Nikolaus Reed | Law Office of Nikolaus W. Reed

The widow of a man who fell to his death from a rooftop patio in 2021 has filed a lawsuit against the security guard and the property owner. 

The suit alleges that they should have done more to remove her husband from the rooftop due to his visibly intoxicated state on the night of the incident.

The plaintiff, Mamiko Sato, and the estate of Benjamin Cavara are represented by attorney Nikolaus W. Reed, of San Francisco. The defendants named in the case include Wesley Dere, KHC Investment Company, Professional Protective Services and other unidentified defendants.

The case was filed in San Francisco County Superior Court on Nov. 16. The complaint includes personal injury, property damage, and wrongful death claims. It is an unlimited civil case with an unspecified amount exceeding $25,000.

According to the complaint, Benjamin Cavara was visibly intoxicated at the time of his fall. However, it does not provide specific details about how he ended up on the rooftop at that time. The complaint asserts the building owner should be held liable because "the rooftop patio lacked the requisite safety features, such as a proper setback from building edges, as specified by city regulations."

The complaint further claims the building owner did not "implement any restrictions on access to the rooftop during late-night hours, a time when the risk of accidents was significantly elevated."

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