SAN DIEGO (KGTV) – A San Diego attorney has filed a $35 million claim against the City of San Diego after he said his 70-year-old client tripped over the base of a removed parking meter and fell into his car.
The attorney for the man, William Berman, showed ABC 10News the surveillance video that captured the fall.
“So, what we're seeing here is my client coming around the corner from where he had lunch,” Berman said. “You can clearly see the parking meter base on the sidewalk, or at least you can in the video from that view. As he walks to his car, he trips, falls directly into the car, suffering a fracture to his neck and his back.”
Berman said his client was taken to the hospital after being helped by his wife, bystanders and paramedics.
“He's currently receiving 24/7 care and he's in rehabilitation after spending 18 days in the hospital at Scripps Mercy up in the Hillcrest area,” Berman said.“We estimate that the medical bills alone are going to be in the hundreds and hundreds of thousands of dollars.”
Berman filed this claim with the city on behalf of his client earlier this month. It's what comes before he can legally file a lawsuit.
He claimed the city removed the parking meter more than a year ago, but left an "uncovered and raised metal parking meter base.”
“He tripped over a parking meter base, the lugs and the bolts that had been left in the ground by the city of San Diego,” Berman said. “We know that the parking meter was in that condition for at least 1 year. That is, the parking meter was removed, and the base was left to remain on the sidewalk.”
ABC 10News went to the Mission Hills location where the fall happened.
There was a rusted metal base still sticking out of the ground.
“It could have happened to anyone. They're not readily observable in the conditions they are. They protrude the sidewalks about 1.5 to 2 inches, and they're quite dangerous,’ Berman said.
In the claim, Berman’s asking for $35 million.
“The $35 million demand in the claim that was made to the city, hopefully, will be seen as an eye-opener. The city needs to address these issues,” Berman said.
ABC 10News asked the City about the claim and allegations of the City creating a dangerous condition. A spokesperson tells me it can’t comment on individual or pending claims and directed us to its risk management public liability page.
“The city needs to get out there and make sure that they're taking out these bases from the sidewalks because any, again, any adult, any child, any bicyclist could readily trip or fall over these,” Berman said.
Berman told ABC 10News the City's in the middle of the 45-day period has to respond to the claim, where it can be resolved, or possibly head to court.
