A tragic accident involving a cyclist has led to a lawsuit against the City and County of San Francisco, highlighting serious concerns about public roadway safety. On July 1, 2024, Steven Foreman filed a complaint in the Superior Court of California, County of San Francisco, alleging that dangerous conditions on a city street caused him severe injuries.
The incident occurred on August 14, 2023, when Dr. Steven Foreman was cycling to work along 9th Avenue between Judah Street and Irving Street. According to the complaint, Foreman encountered several sections of potholes patched with asphalt that had bulged up into mounds as high as four inches. These hazardous conditions forced cyclists to navigate through them due to municipal railway tracks on one side and parked cars on the other. As Foreman attempted to brake gently while navigating these obstacles, he hit one of the bulges with his front tire, causing him to be thrown over his handlebars and lose consciousness upon impact with the ground. The injuries sustained were severe: vertebral fractures requiring extensive surgical fusion repair, concussion with post-concussive syndrome, vertigo, and road rash.
Foreman's legal team asserts that the City and County of San Francisco (CCSF) had prior knowledge of this dangerous condition but failed to take appropriate action. The complaint references multiple complaints made by other cyclists about the same hazardous roadway conditions before and after Foreman's accident. Specifically, CCSF received complaints on August 7 and August 16 from cyclists who had also been thrown from their bicycles due to these conditions. Another complaint was lodged on September 19.
The lawsuit claims that CCSF was responsible for maintaining the portion of the public roadway where the incident occurred and accuses them of negligence in failing to inspect, repair, or warn about the dangerous condition adequately. It further alleges that CCSF's actions violated Government Code §§ 835 et seq., which pertains to maintaining public property safely.
Foreman is seeking general damages for past and future pain and suffering, emotional distress including depression and anxiety, loss of enjoyment of life, inconvenience, and disfigurement. He is also pursuing special damages for past and future medical expenses as well as loss of earnings and earning capacity. Additionally, he requests prejudgment interest and attorneys' fees.
The case is being handled by Marjorie Heinrich (SBN 124682) and Ethan A. Wimert (SBN 266059) from Heinrich Law PC. The presiding judge has yet to be named in Case No. CGC-24-616038.