San Francisco Sidewalk Injury Settled for $75K

Case Background

On September 29, 2023, Plaintiff Frank Mufarreh walked on the sidewalk at 1959 Ocean Avenue, San Francisco. The pavement appeared uneven and raised near a street tree. Over two months earlier, a 311 report alerted the City to the defect. The report noted possible tree-root lifting. Defendant City and County of San Francisco oversaw street trees under Proposition E and Public Works Code §16.129. Defendant Timoleon Zaracotas owned the abutting property. Law placed sidewalk upkeep duties on fronting owners under state and City codes.

Cause

Plaintiff alleged the sidewalk contained a hazardous height discrepancy. He claimed the City and Zaracotas controlled, maintained, or created the defect. He pointed to the prior 311 notice as proof of actual or constructive notice. He argued no repairs, warnings, or barricades followed. He asserted the condition posed a foreseeable tripping risk to pedestrians. He further alleged employees or agents of Defendants contributed to the hazard. One allegation referenced an uncovered utility box at the site.

Injury