A 70-year-old man has filed a $35 million claim against the city of San Diego, alleging that a hazardous condition on a public sidewalk led to a fall that caused him to break his neck and back.
The incident occurred in May when the man and his wife were leaving a sushi restaurant near the intersection of Washington Street and Albatross Drive. According to his attorney, William Berman, the man tripped on the exposed metal base of a parking meter that had reportedly been removed from the sidewalk over a year prior. Security camera footage captured the moment the man fell, pitching forward and hitting the back of a parked car. He was subsequently found motionless with his head wedged between the curb and the vehicle's rear wheel.
Berman stated that the city created a dangerous hazard by leaving the raised metal base and protruding bolts embedded in the sidewalk after removing the parking meter. He claims that similar sidewalk hazards exist 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.
Despite carrying a cane, security footage shows the man did not appear to use it at the time of the fall. He was carrying the cane in his left hand as he walked toward a parked car.
The man has since been released from the hospital but requires 24-hour medical care at home, his attorney stated. The city has declined to comment on the incident or the potential litigation.