City faces yet another damaged sidewalk lawsuit

Lawsuit comes two months after $4.85 million payout for similar fall

Accident site just south of El Cajon Boulevard on College Avenue,
  • Accident site just south of El Cajon Boulevard on College Avenue,

Just over two months after the City of San Diego agreed to pay a cyclist $4.85 million for injuries suffered from hitting a damaged sidewalk, comes a similar lawsuit.

On May 4, Van Nguyen filed a lawsuit against the City of San Diego for damages he suffered after falling from his bike while riding on a sidewalk along College Avenue, just three miles from where Clifford Brown fell from his bike resulting in the $4.85 million payout.

According to the claim, Nguyen was riding his bike on the sidewalk in San Diego's El Cerrito neighborhood, just south of El Cajon Boulevard on College Avenue, when he rode over a raised portion of sidewalk, ejecting him from his bike and resulting in injuries.

"A condition on the property created an unreasonable risk of harm," reads the May 4 complaint, one the city, adds the complaint, "knew, or, through the exercise of reasonable care, should have known about."

Nguyen is asking for damages, in excess of $25,000, for lost wages, medical expenses, as well as general damages caused by the fall.

An attorney for Nguyen did not respond to a request for comment.

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Just out of curiosity--why was he riding his bike on the sidewalk?

My thought exactly, aardvark. While it is apparently not illegal to use the sidewalk for cycling, in a spot like that with a stripe out a couple feet from the curb, there was no real need to be on the sidewalk. And no responsible cyclist should be going fast on the sidewalk. If he was "ejected" he was in fact going too fast for conditions.

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