What began as an ordinary misstep on a San Diego sidewalk could potentially leave taxpayers facing a $35 million bill.
A 70-year-old man has submitted a claim against the city, seeking the multimillion-dollar sum after he allegedly tripped on a damaged section of sidewalk and sustained fractures to his neck and back. If no settlement is reached, the matter could proceed to court.
According to attorney William Berman, who spoke with NBC San Diego, the man and his wife had just left a sushi restaurant near Washington Street and Albatross Drive in May when the fall occurred.
Surveillance video shows the man walking toward a vehicle parked along a curb marked for 30-minute parking. Notably, although he is holding a cane in his left hand, he does not appear to be using it as he walks.
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Moments later, one of his feet makes contact with the exposed metal base of a former parking meter, which had reportedly been removed from the sidewalk more than a year before.
The footage shows the man suddenly falling forward, striking the rear of a parked car before ending up motionless on the ground, his head lodged between the curb and the vehicle’s back wheel as his wife hurries over to help.
The alarming incident was recorded by a security camera installed outside a nearby animal clinic.
Berman argues that the city left behind a hazardous condition when it removed the parking meter but failed to take out the raised metal base and protruding bolts set into the sidewalk. He also contends that comparable sidewalk dangers can be found in other parts of San Diego.
“They protrude about an inch to two inches from the sidewalk. The city needs to make sure they’re taking out these bases from the sidewalks,” Berman said.
The man has been released from the hospital, but he requires 24-hour medical care every day at home, the attorney claimed.
The city through a spokesperson said it cannot comment on the incident or potential litigation.
