A San Diego attorney has filed a $35 million claim against the city after a 70-year-old man allegedly tripped over the exposed base of a removed parking meter and suffered serious spinal injuries.
The fall happened on May 11 near West Washington Street and Albatross Drive in Mission Hills. Attorney William M. Berman said the man and his wife had just left a nearby sushi restaurant and were walking back to their car when he fell.
Claim Centers On Removed Parking Meter
The claim alleges the City of San Diego left dangerous metal hardware in a public sidewalk after removing a parking meter. Berman said the remaining base and bolts protruded above the walking surface, creating a hazard for pedestrians. Surveillance video from a nearby business shows the man walking toward a parked vehicle before falling near the curb. The video appears to show his foot catching near the metal base before he pitches forward.
Berman said the man struck the back of a parked car during the fall. He said the impact left the man with fractures to his neck and back.
The man has been released from the hospital, but Berman said he now needs continuous care at home. The city has not admitted fault.
Fall Happened In Mission Hills
The incident occurred in a busy commercial area near restaurants, street parking, and pedestrian traffic. The intersection sits between Mission Hills and Hillcrest, where sidewalks connect small businesses, homes, and curbside parking. The man has not been publicly identified. His wife was with him at the time and rushed to help after the fall.
Berman said the parking meter had been removed before the incident, but its base remained embedded in the sidewalk. He said the exposed metal base rose roughly one to two inches above the walking surface. The claim argues that the remaining hardware should have been removed when the city took out the meter. That allegation has not been tested in court.
City Declines Detailed Comment
San Diego has not issued a detailed public response to the allegations. A city spokesperson said the city does not comment on pending claims or potential litigation.
The claim starts an administrative process, not an automatic lawsuit payout. The city may investigate, negotiate, reject the claim, or take no action within the review period.
If the claim is rejected or unresolved, Berman can file a civil lawsuit. A court would then decide whether the city is liable and whether damages are warranted. The $35 million figure is a demand from the claimant’s side. It is not a court award, settlement, or admission of responsibility.
Sidewalk Liability Rules Add Context
Image Credit: 123rf
San Diego’s public liability process requires claims against the city to be submitted in writing. Most claims must be filed with the Risk Management Department within six months of the incident.
The city claims that claims against the city must follow California Government Code sections 900 through 915.4. That process gives public agencies a chance to review injury claims before litigation begins.
Sidewalk responsibility can be complex in California. Property owners often have repair duties for sidewalks near their property, but city-owned equipment or city-performed work can raise separate questions. San Diego’s sidewalk guidance says the city is responsible for some sidewalk maintenance connected to city-owned property, utility work, grade subsidence, heat expansion, and trees in the right of way.
Key Legal Questions Remain
The central issue is whether the exposed meter base created a dangerous condition of public property. Another key question is whether the city knew or should have known the base remained there.
The claimant may have to show that the hardware caused the fall and that the city had enough notice to fix it. The city may dispute those claims.
The surveillance video could become important evidence if the case moves to court. It may help establish the man’s walking path, the location of the base, and the moment of the fall. The city could also argue that other factors contributed to the incident. No court has ruled on fault.
Injury Claim Points To Wider Risk
The case highlights a practical sidewalk safety issue: small objects can cause major injuries when left in walking paths. Raised bolts, uneven panels, and leftover infrastructure can be especially risky for older pedestrians.
A parking meter base is not the same as a cracked sidewalk slab. It is leftover street hardware connected to public parking infrastructure.
That distinction may matter in any future litigation. If the city removed the meter but left the base behind, the claim may focus on whether the removal job was incomplete or unsafe. Berman said similar bases may remain elsewhere in San Diego. The city has not publicly announced a broader inspection tied to the claim.
San Diego Sidewalk Program Under Scrutiny
San Diego has already been working through sidewalk repair concerns across the city. The city has said residents and visitors use more than 4,500 miles of sidewalks citywide.
That large network makes maintenance a recurring public safety and budget issue. Sidewalk hazards can create injury risks and legal exposure.
The Mission Hills claim differs from ordinary sidewalk wear because it involves the removal of a parking meter. Still, it places attention back on how the city tracks sidewalk hazards after infrastructure changes. A former parking meter site can sit in a high-traffic area for months or years. If hardware remains after removal, pedestrians may not expect it in their path.
Claim Remains Under Review
The claim remains pending against the City of San Diego. The city has not released findings from any investigation.
Berman has said a lawsuit could follow if the city does not resolve the claim. The man’s medical recovery and long-term care needs remain central to the damages demand.
For now, the latest official status is unchanged. The city is reviewing the claim, and no court has determined liability.
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