Cyclist Injury Suit Settled with Los Angeles for $500K
Table of Contents
Case Background
James Baldwin Jr., a Los Angeles resident, rode his bicycle on May 27, 2022, along Washington Boulevard in Marina del Rey. The roadway near 576 Washington Boulevard contained a visible deformity in the pavement. The City of Los Angeles controlled, maintained, and oversaw the roadway. Baldwin claimed the City and unknown parties failed to keep the roadway safe for bicyclists.
Cause
While riding southbound, Baldwin struck the pavement deformity. The defect allegedly created a concealed trap for bicyclists using due care. He asserted the City negligently designed, inspected, and maintained the roadway. He also alleged the City ignored a known hazard that endangered foreseeable users. Baldwin argued the defect persisted long enough for repairs or warnings, yet officials took no action. This failure, he claimed, caused his fall and the resulting accident.
Injury
Baldwin flew from his bicycle and sustained serious physical harm. He suffered injuries to his body, nervous system, and overall health. The accident left him with lasting pain, shock, and anxiety. He alleged permanent disability affecting his strength and daily activity. Baldwin also reported emotional distress tied to his condition.
Damages
He sought general damages for pain, suffering, and emotional trauma. He also claimed special damages, including past and future medical costs. Baldwin alleged expenses for surgery, x-rays, and continued treatment. He further cited loss of income and earning capacity due to missed work. The crash also damaged his bicycle and other personal property. He demanded compensation for property loss and loss of use.
Key Arguments and Proceedings
Legal Representation
Plaintiff(s): James Baldwin Jr.
Counsel for Plaintiff: Michael P. O’Connor
Defendant(s): City of Los Angeles
Counsel for Defendant: Vanessa H. Ticas
Claims
Baldwin filed three causes of action. The first was negligence against Doe Defendants 1–10 for failing to maintain the roadway. The second alleged a dangerous condition of public property against the City under Government Code § 835. The third asserted premises liability against all Defendants, including Does 16–20, for knowingly allowing the hazard to exist without warnings or repairs. Each claim sought damages for his injuries, financial losses, and emotional harm.
Defense
The City of Los Angeles denied all allegations in the Complaint and asserted several affirmative defenses. It argued that Plaintiff’s own negligence directly and proximately caused or contributed to the claimed damages, and any recovery should be reduced accordingly. The City also maintained that negligence of other persons contributed to the incident and that Plaintiff had actual knowledge of the condition, understood the risks, and voluntarily assumed them.
Further, the City claimed the action was barred by the statute of limitations under Code of Civil Procedure §342 and Government Code §945.6. It also alleged noncompliance with the California Tort Claims Act. The City invoked broad governmental immunities under Government Code provisions, including §§815.2, 818.2, 818.6, 820.2, 830.6, and others, as well as Street and Highways Code §1806. Based on these defenses, the City sought dismissal of the Complaint, recovery of its costs, and such other relief as the Court deemed proper.
Settlement
Plaintiff James Baldwin Jr. and Defendant City of Los Angeles reached a conditional settlement valued at $500,000, subject to City Council approval. The Notice of Settlement, filed on February 7, 2024, indicated that dismissal of the case would follow no later than November 4, 2024, upon completion of the agreed terms. This resolution concluded litigation originally filed in November 2022 and was formally served on counsel for the City of Los Angeles.
Court Documents
Court documents are available for purchase upon request at Jurimatic@exlitem.com