A cyclist is suing the City and County of San Francisco for injuries sustained in a bicycle accident caused by hazardous road conditions. Carolyn Teresa Abate filed the complaint on August 5, 2024, in the Superior Court of California, County of San Francisco, against the City and County of San Francisco.
According to the complaint, Abate was riding her bicycle on August 6, 2023, at the intersection of 22nd Street and Illinois Street in San Francisco when her bike tire became trapped in an uncovered abandoned railroad track. This incident caused her to fall off her bicycle and collide with the asphalt, resulting in severe injuries including permanent facial disfigurement, a torn ACL, and necessitating orthopedic surgery. The plaintiff asserts that the defendants were aware or should have been aware of the dangerous condition of the roadway but failed to take appropriate action to remedy it.
The lawsuit alleges that employees or agents of the City and County of San Francisco were negligent in their duties to maintain safe public roadways. The plaintiff claims that these employees were acting within their scope of employment when they allowed such hazardous conditions to persist. Abate contends that this negligence directly led to her accident and subsequent injuries. She cites several sections of California Government Code (§815.2, §820, §830, §835) which hold public entities liable for dangerous conditions on public property.
The complaint details how the hazardous condition posed a substantial risk to anyone using the roadway and that it was reasonably foreseeable that such an incident could occur. Abate argues that there was ample time for the city officials to address and rectify this danger before her accident happened. She also notes that she had presented a government tort claim which was rejected within six months preceding this filing.
Abate is seeking general damages exceeding the jurisdictional minimum of the court for pain and suffering endured due to her injuries. Additionally, she requests compensation for medical expenses already incurred as well as those anticipated in future treatments related to her injuries. She also seeks damages for loss of earnings and diminished earning capacity resulting from her inability to work due to her injuries.
Representing Carolyn Teresa Abate is Robert F. Buzzard from Ayala Morgan & Buzzard law firm based in Brentwood, CA. The case has been assigned Case No.: CGC-24-61696 by Deputy Clerk Shenequa Gladney under Judge [Name not provided].