A traffic barrier in San Jose has led to a serious injury and subsequent lawsuit, highlighting potential negligence by several entities. On August 15, 2024, Esperanza Cabeza Carreno filed a complaint in the Superior Court of California, County of Santa Clara, against the City of San Jose and other defendants including the San Jose Downtown Association (SJDA), Osmanthus Group, LLC, and Sofa Market.
According to the complaint, on September 16, 2023, Carreno tripped over a traffic barrier located near 387 S. 1st St., San Jose. The barrier created a tripping hazard directly in the walking path of pedestrians. As a result of this fall, Carreno sustained serious injuries. The plaintiff alleges that the City of San Jose along with SJDA, Osmanthus Group, LLC, Sofa Market, and other unnamed defendants (Does 1-25) failed to maintain safe conditions at the location. The lawsuit claims these entities owned or controlled the property where the incident occurred and were negligent in their duties to ensure its safety.
Carreno's complaint details that she had presented a claim for damages with the City of San Jose on January 2, 2024. This claim was rejected by written notice on March 5, 2024. Consequently, Carreno is now seeking legal recourse through this court filing. The complaint includes three causes of action: statutory liability/dangerous condition of public property against the City of San Jose; premises liability against SJDA, Osmanthus Group LLC, Sofa Market; and general negligence against all named defendants.
The plaintiff argues that her injuries were foreseeable due to the hazardous condition created by the traffic barrier and asserts that there were no warning signs or demarcations indicating danger at or near the subject location. She emphasizes that reasonable care was not taken by any of these entities to prevent such an accident from occurring.
Carreno seeks various forms of relief from the court including general damages for pain and suffering as well as special compensatory damages for medical expenses incurred due to her injuries. Additionally, she requests pre-judgment and post-judgment interest as well as coverage for legal costs associated with filing this suit.
Representing Carreno are attorneys Andrew Zeytuntsyan and Artak Oganesian from the Law Offices of Andrew Zeytuntsyan P.C., based in Burbank, California. The case is being overseen by Judge C. Roman under Case ID: 24CV445332.