A Solana Seaside resident filed a lawsuit in opposition to town of Solana Seaside, Saddle Bar and San Diego Gasoline & Electrical after she allegedly fell and suffered a number of accidents whereas leaving the venue earlier this yr.
The plaintiff, Mary MacDonald, left Saddle Bar at 123 Plaza St. in Solana Seaside and was strolling to her automobile final Might, in keeping with a criticism filed Sept. 7 in San Diego County Superior Courtroom. She alleges that she misplaced her stability and fell on the asphalt after stepping on a flat, unanchored sheet that was overlaying a pothole on the sidewalk.
The accidents she suffered, in keeping with the criticism, embrace post-concussion dysfunction, acute displaced fracture of the left sixth and seventh posterior ribs, proper ankle sprain, knee ache, post-traumatic intractable migraine complications, subjective reminiscence dysfunction, focus difficulties, imbalance because of vestibular dysfunction related to head and neck damage, insomnia and sleep disturbances following the incident, ache within the chest because of rib fracture, scalp abrasion.
MacDonald’s criticism alleges that town of Solana Seaside “breached its obligation to make use of extraordinary and affordable care within the upkeep, lack of restore, and security precautions across the sidewalk and pothole in query.” She is in search of damages, together with $10 million to cowl medical prices, in keeping with the criticism.
“All of this continues to trigger Plaintiff Mary Macdonald nice psychological, bodily, and nervous ache and struggling,” the criticism says.
MacDonald’s legal professional, Kane Handel, mentioned in an interview that cities ought to do extra to repair potholes and different points that may trigger damage.
“It actually aggravates me, whether or not it’s town of Solana Seaside or town of San Diego, they don’t appear to see the urgency of individuals getting harm and falling on their head, having head accidents, breaking bones,” Handel mentioned. “It ruins individuals’s lives.”
In a cross-complaint filed by town of Solana Seaside on Oct. 24, town requested for indemnity, arguing partially that SDG&E had a duty to take care of that stretch of sidewalk.
“The Metropolis denies the allegations contained in plaintiff’s Criticism and particularly denies legal responsibility in any method by any means for damages claimed by plaintiff of another celebration,” town’s cross criticism says.
Solana Seaside Metropolis Supervisor Greg Wade declined additional remark.
SDG&E and Saddle Bar didn’t reply to requests for remark.
A case administration convention is scheduled in March.