Case details

Bicyclist claimed pothole caused him to be thrown from bike

SUMMARY

$120000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
collarbone, fracture, shoulder
FACTS
On May 22, 2018, plaintiff David Rudolf, 38, a software engineer, was bicycling on Cesar Chavez, in San Francisco. As he entered the intersection with Kansas Street, he was ejected from his bicycle. Rudolf sustained to his right shoulder. Rudolf sued the owner of the roadway, the city and county of San Francisco. He alleged that the city and county of San Francisco failed to properly repair and/or maintain the roadway, creating a dangerous condition, and that the city’s workers failed to warn about the hazardous condition. Rudolf claimed that the front end of his bicycle struck a pothole in the roadway, causing him to be ejected from the bicycle. The city and county of San Francisco did not did not articulate any defenses., Rudolf sustained a closed, displaced fracture of the shaft of the right shoulder’s clavicle and a comminuted, displaced mid-clavicular fracture. He was taken to a hospital, and underwent open reduction and internal fixation surgery on the right clavicle. Rudolf claimed that he has no permanent limitations, but that he might undergo future elective hardware removal surgery. Rudolf sought recovery of approximately $20,000 in past and future medical costs, and an unspecified amount of damages for his past and future pain and suffering.
COURT
Superior Court of San Francisco County, San Francisco, CA

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