Josephine Buch has filed a complaint for damages against the County of Santa Clara, the City of Mountain View, and El Camino Hospital. The lawsuit was filed on May 23, 2024, in the Superior Court of California, County of Santa Clara.
The complaint stems from an incident that occurred on August 31, 2023. According to Buch, she was walking to her car near 2500 Grant Road in Mountain View when she tripped on a poorly maintained sidewalk and broke her right humerus bone. Buch alleges that the sidewalk's condition constituted a dangerous public property condition due to its decrepit state and lack of proper warnings. She claims that both the County of Santa Clara and the City of Mountain View were responsible for maintaining this area but failed to do so adequately.
Buch asserts that she submitted government claims to both entities on February 26, 2024. These claims were formally rejected by the County on March 29, 2024, and by the City on March 27, 2024. The plaintiff argues that these rejections left her with no choice but to seek legal recourse. She also alleges that each defendant acted as an agent or employee of one another and was thus jointly responsible for ensuring public safety.
In her first cause of action, Buch accuses the County of Santa Clara and the City of Mountain View of creating a dangerous condition under Government Code §§ 830, 835, and 835.2. She contends that their negligence led directly to her injuries. "Having ill-maintained sidewalks creates a substantial risk," Buch states in her filing. "As such, ill-maintained sidewalks on a heavily traveled sidewalk is a dangerous condition that created the risk of exactly the type of injury that plaintiff sustained while walking to her car."
Buch is seeking general damages exceeding $25,000 along with compensation for medical expenses, loss of earnings, prejudgment interest on damages from the date of the accident until now, court costs, and any other relief deemed just by the court.
The second cause of action targets El Camino Hospital specifically for negligence related to its maintenance responsibilities at the same location. Buch claims that El Camino Hospital failed to provide adequate warnings about uneven surfaces on its premises. As a result, she suffered severe physical injuries and emotional distress.
For this claim as well, Buch seeks general damages exceeding $25,000 along with compensation for medical expenses and loss of earnings due to her inability to work following her injury.
Representing Josephine Buch is attorney Joseph A. Androvich from Brelsford, Androvich & White law firm based in Sacramento. The case has been assigned Case ID: 24CV439763 in front of Judge L. Ayala at the Superior Court of California in Santa Clara County.