On May 29, 2024, Robert Blaisdell and David Portales filed a complaint in the Superior Court of California, County of San Francisco, against the City of San Francisco, Julio Sermeno, Lyft Inc., and other unnamed defendants. The plaintiffs allege motor vehicle negligence, general negligence, and dangerous condition of public property stemming from an incident on February 4, 2024.
According to the complaint filed by attorneys Corey Page and David Blatte from Evans & Page law firm, the incident occurred when defendant Julio Sermeno was driving westbound on McAllister Street in San Francisco. As he turned left onto Polk Street, his vision was obstructed by steam rising through a manhole. This obstruction led to Sermeno striking Blaisdell and Portales who were walking in the crosswalk. Both plaintiffs suffered serious bodily injuries as a result.
The steam emanating from the manhole is linked to the Civic Center Steam Loop constructed by the City of San Francisco in 1915. Over time, the condition of these pipes has deteriorated significantly. In 2020, city officials became aware of damage causing excessive steam leaks. Despite approving funds for repairs on Larkin Street in May 2021, no repairs were made at Polk Street where the incident occurred.
Emails exchanged between city officials highlight their awareness of the hazardous conditions caused by steam leaks. Masoud Vafaei described it as an emergency situation due to public hazards posed by steam plumes exiting manholes. Further communications indicated that temporary measures like placing chimneys over manholes were approved to divert steam for public safety reasons.
On February 15, 2024, Chris Townes issued a report emphasizing that the Steam Loop was failing and urgently needed repair. Despite this knowledge and previous incidents resulting in scalding and legal actions against the city, no adequate warnings or mitigation measures were implemented at McAllister and Polk Streets.
The plaintiffs allege that Sermeno’s negligence directly caused their injuries as he failed to yield right-of-way to pedestrians per California Vehicle Code section 21950 and drove without proper visibility contrary to section 22350. They also assert that Sermeno was operating under Lyft’s employment at the time using a rental car obtained through Lyft Express Drive program with Hertz Corporation.
Furthermore, Blaisdell and Portales argue that the City of San Francisco failed its duty under Government Code sections 835 et seq., creating a dangerous condition by not maintaining or repairing damaged pipelines timely or warning drivers about visibility issues due to excessive steam release.
The plaintiffs seek special damages (economic), general damages (noneconomic), prejudgment interest as permitted by law along with costs of suit for their physical injuries which they claim will result in permanent disability affecting their earning capacity among other impacts.
The Case ID is CGC-24-615058 with representation from Evans & Page law firm for plaintiffs Robert Blaisdell and David Portales.
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