A San Francisco resident is taking legal action against the city and county for injuries sustained due to a hazardous sidewalk condition. On July 16, 2024, Juliani Rodriguez filed a complaint in the Superior Court of California, County of San Francisco, accusing the City and County of San Francisco of negligence.
The incident occurred on July 27, 2023, when Rodriguez was walking at the intersection of Hyde Street and Lombard Street. She stepped off the curb onto a marked crosswalk and her left foot entered into a depression around a drain, causing her to fall and suffer serious injuries. Rodriguez claims that this accident location is owned, maintained, controlled, repaired, designed, built, and/or funded by the City and County of San Francisco. Before filing the lawsuit, she complied with all governmental claims statutes by submitting a claim on December 29, 2023, which was subsequently denied on February 12, 2024.
Rodriguez's complaint alleges that the City and County of San Francisco negligently failed to design, construct, maintain, repair or warn about the dangerous condition at the accident location. Specifically, she accuses them of failing to provide adequate signs or signals to ensure safe pedestrian movement through the area. The complaint also highlights that there was a failure to repair or warn about the depression surrounding a drain in the crosswalk which posed a hazard to pedestrians.
"The City and County of San Francisco had actual and/or constructive notice of these dangerous conditions but failed to take reasonable measures to protect users," Rodriguez states in her complaint. She further alleges that this negligence created substantial risks for injury when used in foreseeable manners. The plaintiff asserts that both actual notice (where city employees knew about the danger) and constructive notice (where an obvious danger should have been discovered through reasonable inspection) were present.
As a result of these alleged failures by the city authorities, Rodriguez has suffered severe physical injuries leading to ongoing pain and suffering. She has incurred medical expenses for treatments including medicines, x-rays, hospitalization and anticipates future medical costs as well. Additionally, she claims loss of earnings capacity due to her inability to engage in usual activities post-accident.
Rodriguez seeks general damages according to proof presented during trial along with special damages for medical expenses incurred. She also requests prejudgment interest on any awarded amounts as well as coverage for court costs associated with this suit.
Represented by attorneys Thomas J. Brandi and Austin M. Fish from The Brandi Law Firm based in San Francisco.
The Case ID CGC-24-616427.