A night out for sushi in Mission Hills ended in a medical nightmare for a 70-year-old man, who is now recovering at home under 24-hour care after a violent sidewalk fall that broke his neck and back. His attorney says the culprit was a raised parking meter base left in the concrete, and has filed a $35 million claim against the city of San Diego. Security video cited in the filing allegedly shows the man pitching headfirst into the pavement and into a parked car near West Washington Street and Albatross Drive on May 11. The man and his wife, who were leaving a nearby sushi restaurant, have asked to remain anonymous while the claim moves forward.
Security Video Puts Spotlight On Old Meter Base
According to the attorney, security footage from a nearby animal clinic appears to capture the moment the man catches his foot on a raised metal meter base with exposed, rusted bolts, left behind after the meter was removed. As reported by NBC 7 San Diego, that meter had been taken out more than a year earlier, while the curb remained painted for 30-minute parking. The couple was walking back to their car when the fall occurred, the claim states.
Attorney Warns Of Similar Hazards, Demands Millions
Attorney William M. Berman says his client now requires round-the-clock care and is seeking $35 million to cover medical expenses, pain and suffering, and future care, according to the New York Post. Berman also points to a broader safety issue, saying similar leftover meter bases, with metal protruding about one to two inches from the sidewalk, have been found in Mission Hills, Hillcrest and near Balboa Park. He has indicated he will file a civil lawsuit if the city does not respond to or resolve the claim.
How A Claim Against The City Works
In California, anyone seeking to sue a public agency generally has to start with an administrative claim, usually within six months of the incident. The State Bar of California explains that missing that deadline can block a later lawsuit, and that public entities are given a set window to accept the claim, deny it, or ask for more time. If the city rejects the claim or does not respond within the statutory period, the attorney would then have a limited number of months to file a lawsuit in the superior court.
Big Claim Lands Amid Soaring City Payouts
The $35 million demand arrives while San Diego officials are already wrestling with rising legal costs. Over the past decade, more than $116 million in settlements and judgments involving the San Diego Police Department have been paid out, a number that recently drew scrutiny from councilmembers. As NBC 7 San Diego noted, record payouts this fiscal year have sharpened questions about how legal liabilities squeeze city services. For now, the city’s communications office and the City Attorney’s Office have declined public comment on the new claim, and the dispute may be headed toward court if the city opts not to settle.
