SF Settles Bryn Miller Bike Crash Lawsuit for $95,000

Case Background

Bryn Miller commenced this civil litigation by filing a formal complaint in the Superior Court of California for the County of San Francisco on April 30, 2024. The legal action targeted both the City and County of San Francisco (CCSF) as a public entity and Anthony Montoya, who had served as an employee of the CCSF specifically within the San Francisco Police Department at the time of the incident. The case was designated as an unlimited civil action, indicating that the amount in controversy exceeded the Court's minimum jurisdictional requirements.

Before Miller could proceed with her lawsuit in the Superior Court, she had to navigate the mandatory administrative requirements for suing a government body in California. She had timely presented her formal claims to the CCSF Controller’s Office on August 30, 2023, providing the city with the necessary notice to investigate the matter and consider a potential settlement. The litigation moved forward into the Court system only after the City and County of San Francisco officially denied liability regarding her claims on approximately January 5, 2024.

Cause

On the rainy evening of March 9, 2023, at approximately 8:30 p.m., Bryn Miller traveled westbound on 20th Street in San Francisco on her bicycle. She had exercised due care by wearing a helmet and ensuring her bicycle lights were illuminated. As she approached the intersection of 20th and Folsom, Anthony Montoya, who was driving a 2021 Ford Explorer owned by the CCSF, turned from 20th onto Folsom. Montoya struck Miller with the vehicle, later claiming that he had not seen her. An investigating officer at the scene determined that Montoya had violated California Vehicle Code section 21801(a) by failing to yield the right-of-way while making the turn.

Injury

The collision resulted in immediate and severe physical trauma as Miller was thrown over the handlebars of her bicycle. While she lay on the street following the impact, she experienced a profound fear for her life, terrified that the vehicle would continue forward and drive over her. Paramedics arrived at the scene and transported her to a local Emergency Room for treatment of her "serious injuries". Beyond the initial physical harm, the accident caused her to suffer from ongoing emotional distress and a loss of the enjoyment of life.

Damages Sought

Miller sought several forms of financial relief to compensate for the aftermath of the crash:

• Special Damages: These included reimbursement for past and future medical expenses, the cost of property damage to her bicycle and gear, and incidental expenses.

• Wage Loss: She pursued compensation for both past lost earnings and the future loss of her earning capacity due to her inability to work.

• General Damages: This category covered her non-economic losses, specifically her physical pain, mental suffering, and the long-term impact on her quality of life.

• Legal Costs: She requested that the Court award her the costs of the suit and prejudgment interest on any final award.

Key Arguments and Proceedings

Legal Representation

Plaintiff(s): Bryn Miller.

• Counsel for Plaintiff(s): Hunter Pyle | Tanya Tambling

Defendant(s): City and County of San Francisco | Anthony Montoya.

• Counsel for Defendant(s): Oliver J. Fong | Christina E. Kim | Lucia Q. Li

Key Arguments or Remarks by Counsel

Miller's attorneys argued that the accident was the direct result of Anthony Montoya’s failure to follow basic traffic safety laws. They contended that because Miller had the right-of-way and had taken all visible safety precautions, Montoya’s failure to yield constituted clear negligence. Counsel emphasized that the City was legally responsible for the actions of its employee and the operation of its vehicle, which led to Miller’s life-altering injuries.

Claims

Negligence

Miller alleged that the Defendants owed a duty of care to the public and breached that duty through Montoya’s careless operation of the vehicle. She asserted that this negligence was the proximate cause of her physical and emotional injuries.

Negligence Per Se

The lawsuit further alleged that the Defendants were negligent as a matter of law because Montoya violated California Vehicle Code section 21801(a). Miller argued that since she was a member of the class of persons the statute was intended to protect cyclists and motorists with the right-of-way the violation of this law automatically established the Defendants' liability.

Defense

The City and County of San Francisco initially denied liability during the administrative claim phase in January 2024. In their legal defense, the City typically examines whether the Plaintiff's own actions contributed to the accident or if the alleged injuries were as severe as stated in the complaint. The City maintained that they were not responsible for the damages Miller claimed were a result of the intersection collision.

Settlement

The legal proceedings concluded when the parties reached a settlement agreement to avoid the uncertainties of a jury trial. The City and County of San Francisco agreed to pay $95,000 to resolve all of Bryn Miller's claims. This settlement provided compensation for her medical bills, lost wages, and personal suffering, officially closing the case and releasing the City and Officer Montoya from further legal liability regarding the March 2023 accident.

Court documents are available upon request at jurimatic@exlitem.com