A disabled resident of Sunnyvale, California, has filed a lawsuit against the City of Sunnyvale and the Kroll Living Trust for negligence and violations of disability rights. The complaint was filed by James Hopkins in the Superior Court of California, County of Santa Clara, on June 27, 2024.
The case stems from an incident on August 5, 2023, when Hopkins was riding his mobility scooter on a public sidewalk in front of a multi-unit apartment complex located at 849 Blair Avenue in Sunnyvale. According to the complaint, Hopkins encountered a defect in the sidewalk adjacent to a tree that allegedly contributed to the hazardous condition. As a result, his scooter toppled over, causing him to strike his head and sustain serious injuries. Hopkins claims that both the City of Sunnyvale and the Kroll Living Trust were aware or should have been aware of the dangerous condition but failed to take appropriate action to rectify it.
Hopkins' lawsuit includes three causes of action: premises liability against the Kroll Living Trust and Does 1-10; dangerous condition of public property against the City of Sunnyvale; and violation of the Disabled Persons Act against all defendants. In his complaint, Hopkins asserts that "Defendants owed a duty of care to maintain the Subject Property and the sidewalk at its front in reasonably safe condition." He further alleges that their failure to do so directly resulted in his accident and subsequent injuries.
In addition to negligence claims, Hopkins argues that he was denied full and equal access to public spaces as guaranteed under Civil Code § 54(a) due to his disability. He contends that "the condition of the sidewalk violated the Americans with Disabilities Act of 1990 and California laws that prescribe higher standards." Furthermore, he believes other portions of sidewalks in the area are similarly defective and inaccessible for persons with disabilities.
Hopkins is seeking various forms of relief from the court. These include economic damages for medical expenses and lost wages, non-economic damages for pain and suffering, treble damages under Civil Code § 54.3 for violations related to disability access rights, attorney’s fees, prejudgment interest on awarded amounts, costs associated with filing suit, and any other relief deemed just by the court.
The attorneys representing James Hopkins are Martin Zurada (SBN 218235) and Ryan Kraft (SBN 281407) from Venardi Zurada LLP. The case is being reviewed by Judge M. Bui under Case No. 24CV442008.