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Plaintiff Alleges Negligence Against City Over Sidewalk Hazard

NORTHERN CALIFORNIA RECORD

Tuesday, April 1, 2025

Plaintiff Alleges Negligence Against City Over Sidewalk Hazard

State Court
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Superior Court of California - County of San Francisco | Official website

In a dramatic turn of events, a San Francisco resident has taken legal action against the City and County of San Francisco, along with several other defendants, over an alleged hazardous condition that led to her injury. Astrid Rivera filed a complaint in the Superior Court of California, County of San Francisco on March 21, 2025, accusing the City and County of San Francisco and Thrillhouse Records among others, for negligence that resulted in her tripping over a freight elevator grate.

The lawsuit centers around an incident that occurred on May 28, 2024. According to Rivera's complaint, she was walking along Mission Street in San Francisco when she tripped over an uneven freight elevator grate near Thrillhouse Records at 3420 Mission Street. The fall caused her significant injuries including lacerations and contusions. Rivera alleges that the sidewalk and freight elevator grate were not properly maintained by the defendants which led to dangerous conditions such as uneven pavement and unsafe height deviations. "These defects were not remedied," Rivera claims in her filing.

Rivera’s complaint further accuses the City and County of San Francisco of failing to ensure public safety by neglecting routine maintenance and repairs necessary to prevent such hazards. The complaint cites Government Code § 835 which holds public entities liable for injuries caused by dangerous conditions on their property if they had notice of the condition but failed to take corrective measures. Rivera argues that sufficient time had passed for the city to have been aware of these dangers and taken action.

Additionally, Rivera targets Thrillhouse Records and Michael Andrue Knysh—individually and as trustee/conservator for The Michael Knysh Living Trust—alleging negligence in maintaining the property adjacent to their business premises. She asserts that these parties failed in their duty under local ordinances to keep sidewalks safe for pedestrians. "There were no warning signs," states Rivera's complaint, highlighting a lack of preventive measures by those responsible.

In her legal pursuit, Rivera seeks general, special, actual, and compensatory damages from all defendants involved. Her demands include compensation for medical expenses incurred due to her injuries as well as damages for pain and suffering endured since the accident. Furthermore, she requests reimbursement for costs associated with bringing forth this lawsuit.

Representing Astrid Rivera is Mason Aria from The Barnes Firm L.P., who is advocating on behalf of his client’s rights following what they argue is clear negligence leading to avoidable harm. This case will be heard under Case No.: CGC-25-623525 before judges yet unnamed at this stage.

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