November 26, 2025

Edited by Shawn Steel

SF Skater Run Over

Jury Doesn't Buy "Assumed Risk"

Ryan was skateboarding with two friends on a San Francisco street. Ryan is considered one of the leaders of the SF skateboarding community. He commutes daily in and around the city, puts on skateboarding events, and runs a skateboarding business.


The three skated down Hyde Street and turned right. They were traveling single file and stayed away from parked cars to avoid getting “doored.”


Defendant, an older man, saw the skateboarders in the street in front of him. He successfully passed the first skater but then clipped Ryan’s left leg with his right front fender. Ryan was knocked off his board and fell under the defendant’s right tires, injuring his right foot and ankle.


The surveillance video provided only an obscured view of the accident. Ryan’s total medical bills were $27,500. He claimed he will eventually need knee replacement surgery. He cannot skate as well as before. He suffered:

  • A labrum tear in two places on his right shoulder
  • A low-back strain with annular tear at L5–S1
  • Aggravation of a preexisting left-knee condition (two failed ACL surgeries)
  • Injury to his right foot, including chronic sprain to the ATFL ligament


Defendant argued he was not negligent, that Ryan was negligent, that Ryan assumed the risk by skateboarding in the street, and that Ryan’s ankle injuries were preexisting from years of aggressive skating.


Ryan demanded policy limits of $65,000 (the full available insurance). Auto Club countered at $30,000.


The jury awarded $420,000. Trial lasted 8 days, and the jury deliberated for 4 hours.


Motzek vs. Bomani, San Francisco Case No. CFC-24-611404

Hon. Victor Hwang

June 16, 2025


PRO TIPS

  • Skateboarding cases can be successful — if the skater has the right of way (often hard to prove).
  • Ryan had two sympathetic witnesses — that helped.
  • The seriousness of injuries justified going to trial.
  • Auto Club made a bad decision and will have to pay the excess verdict plus court costs.


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Assumption of Risk Doesn't Mean Abandonment of Care

In Motzek v. Bomani, the defense leaned heavily on the idea that skateboarding in the street is inherently dangerous—and that Ryan assumed the risk. But the jury still awarded over $400,000. Why? Because assumption of risk doesn’t excuse negligence. Chiropractors treating patients injured in recreational or high-risk activities should be extra diligent in documenting how the injuries occurred, what objective findings support ongoing complaints, and how preexisting injuries were aggravated. These cases can be winners—but only if your records tell the story better than the defense's assumptions.

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