In the case of Ty Whitehead vs. City of Oakland, filed in the Court of Appeal of the State of California, First Appellate District, Division Three (Case ID: A164483) on January 22, 2024, plaintiff Ty Whitehead is appealing against a summary judgment granted to the defendant City of Oakland. The lawsuit stems from injuries sustained by Whitehead after his bicycle hit a pothole during a training ride for the AIDS LifeCycle fundraiser.
Whitehead contends that he was injured in March 2017 while participating in a group training ride for AIDS LifeCycle, a multi-day group bicycle ride fundraiser from San Francisco to Los Angeles. The plaintiff—an experienced cyclist and certified training ride leader—hit a pothole that was approximately one to two inches deep, 18 inches across, and 14 inches long on Skyline Boulevard near Grass Valley Road intersection. He flipped over his bicycle handlebars, hit his head on pavement and suffered injury.
The crux of the lawsuit revolves around an agreement signed by Whitehead prior to the training ride. This document titled "AIDS/LifeCycle Training Ride GENERAL INFORMATION AND RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT" released the “owners/lessors of the course or facilities used in the Event” from future liability. However, Whitehead argues that this release was invalid as it concerned a matter of public interest and also alleges gross negligence on part of the defendant.