Tyler, a 17-year-old high school student, was severely injured when he crashed his electric scooter into an open trench at a construction site near his home late at night.
The City of Alameda had hired Ranger Pipelines to replace city sewer pipes under public roadways. After partially completing work for the day, workers left the trench only partially filled, creating a significant lip across the roadway. As Tyler entered the construction zone, he lost his balance while crossing the trench and fell, suffering serious lower extremity injuries.
Tyler argues the city and it's contractor were responsible for the failure to give adequate warning of a dangerous condition, specifically, loose gravel scattered across the site, as well as failing to install proper lighting and to close and level the trench.
The City contended that Tyler had ample time to observe and react to the roadway conditions. They further argued that Tyler was partially at fault for traveling too fast on a two-wheeled vehicle and noted that he was not properly licensed to operate the electric scooter.
Tyler injuries included: numerous muscular skeletal disorders and right tibia / fibula fractures with ACL tears. Following initial surgery, Tyler developed a life-threatening infection at the surgical site, requiring numerous additional operations, antimicrobial treatments, and the placement of hardware.
Case resolved for $8,000,000
Tyler v. City of Alameda
Alameda Superior Court | August 12, 2024 | Judge Joscelyn Jones
Pro Tips
- Jurors might rule against a teenager on a scooter, but this case held numerous facts against the City.
- This City and its contractor were flagrantly incompetent in creating this clearly dangerous situation.
-
Note that the initial surgery did not go well. Tyler suffered life-threatening infections post-surgery. The infections could have incurred at the hospital or by poor surgical hygiene. This is a risk when getting any type of surgery. But the defendant who created the injury is responsible even if the follow up medical care was malpractice.
|