In a compelling legal battle that underscores the importance of public safety, Michael Fiapoto has filed a lawsuit against the City and County of San Francisco, as well as the State of California. The complaint was lodged in the Superior Court of California, County of San Francisco on February 13, 2025. The defendants are accused of maintaining dangerous conditions on public property that led to Fiapoto's severe injuries.
The case centers around an incident that occurred on September 26, 2024, when Michael Fiapoto was riding a scooter near Pier 27 James R. Herman Cruise Terminal at The Embarcadero in San Francisco. According to the complaint, the sidewalk surface was in a hazardous condition due to negligence by the City and County of San Francisco and the State of California. Despite their duty to maintain safe public spaces under Government Code Section 835, these entities allegedly allowed the sidewalk to remain unsafe, resulting in Fiapoto tripping and sustaining significant injuries.
Fiapoto's attorney, Raymond Ghermezian, asserts that prior claims were presented to these governmental bodies but were either denied or ignored. "Defendants knew or should have known about the dangerous condition," Ghermezian argues in the filing. The complaint further accuses unnamed employees (Does 1 through 100) within these entities of being negligent in their duties to inspect and repair public property adequately.
The lawsuit not only highlights premises liability but also vicarious liability for wrongful acts or omissions by public entity employees under CA Government Code §815.2. It alleges that certain employees were unfit for their roles and that their retention posed undue risks to individuals like Fiapoto. Despite knowing this risk, it is claimed that city officials acted with deliberate indifference by retaining these employees without proper oversight or training.
Fiapoto seeks judgment for general damages due to pain and suffering caused by his injuries, as well as special damages covering medical expenses incurred from treatment following the accident. Additionally, he claims loss of earnings due to his inability to work post-incident. The full extent of financial losses is yet unknown but will be determined during trial proceedings.
Representing Michael Fiapoto is attorney Raymond Ghermezian from Beverly Hills-based law firm Raymond Ghermezian Professional Law Corporation. As this case unfolds before Judge Sahar Enayati under Case ID CGC-25-622342 at San Francisco's Superior Court – it serves as a poignant reminder about accountability regarding public safety standards across cities nationwide.