The San Diego City Council has awarded $100,000 to a woman who fractured knee and wrist bones in 2004 after falling through a rusted grill utility covering in the parking lot of the Ocean Beach lifeguard station at the foot of Santa Monica Street.
The City Council voted 8-0 on Sept. 19 to pay a $100,000 settlement of a lawsuit filed by Patricia Bryan and her attorney, Jeffrey Freedman, in San Diego Superior Court. The lawsuit says Bryan has $42,000 in medical costs and needs $11,531 for surgery to repair her knee. She had surgery on her wrist to install a plate and screws, and another surgery to remove them later.
“She’s waiting for the knee operation,” said Freedman.
Bryan, who was 56 years old at the time, was walking behind lifeguard station #281 in Ocean Beach on May 31, 2004, during the crowded Memorial Day weekend. She walked in between two cars in areas where lifeguards park their cars, and fell approximately seven inches through the grate, according to court records.
A lifeguard testified during a later deposition that he noticed the grate in “eroded” condition and told a supervisor it needed to be replaced. The lifeguard couldn’t remember the date, but said it was before Bryan fell through it. Nothing was done, and the lifeguard said no one fixed it until after Bryan’s accident.
The original broken grate was somehow lost by the city after a new one was placed on it several weeks later, said Freedman. Cars had driven over the metal grate for years, and that added to its weakness, he said.
“It was extremely worn and didn’t fit properly,” Freedman said.
Pacific Bell was sued in a cross-complaint after the city said they should have to pay for the woman’s injuries because the wires underneath were operated by Pacific Bell. AT&T now owns Pacific Bell.
Attorney David Benner, who represents AT&T, argued the grate and land were owned and maintained by the city. Benner noted in court papers that the city replaced the grate without contacting them and that was proof the city was responsible for maintenance. AT&T may be dismissed from the suit following the city’s settlement.
Bryan initially sought $200,000 in damages, according to court records. The city initially balked at settling the suit and offered a defense that said Bryan should have been more careful where she was walking. But the City Attorney’s office later concluded the city might be found liable if it went to trial, so they agreed to settle.
The suit wasn’t discussed by the City Council, which approved the settlement without comment on the consent agenda after hearing the matter in closed session.