Just how poor of condition are San Diego's parks in? Poor enough for the City of San Diego to be named in two unrelated lawsuits in the span of one month, both over improper maintenance and shoddy sod conditions.
The most recent legal complaint was filed on September 4 by attorneys representing San Diego Unified School District.
The district was filed on behalf of LaToya Smedley, a noon duty assistant at Porter Elementary School in Lincoln Park. Smedley injured herself while walking on a wet and ruddy field.
The park, according to the complaint was "negligently, carelessly, and recklessly owned, entrusted, maintained, repaired, used and controlled said grass field and property that they caused and allowed it to be in a dangerous and defective condition, thereby causing employee to be injured when her feet suddenly and unexpectedly sunk into wet and muddy grass, causing her feet to stick in the mud and her body to twist on defendants' premises."
The City "should have known of the dangerous and defective condition of their property and should have foreseen the danger to members of the public including the employee."
A similar lawsuit over poorly maintained park space was filed on August 27. In that complaint, a man injured his leg after stepping into a gopher hole at Robb Field in Ocean Beach. Gopher infestation at the field, according to the lawsuit and media accounts, has been a hot topic for residents and park goers.
In the most recent case, attorneys for San Diego Unified are asking the City to cover all workers compensation claims as well as any additional damages.
http://www.sandiegoreader.com/weblogs/news-ticker/2013/aug/29/man-sues-the-city-over-gopher-infestation-at-robb-/
Just how poor of condition are San Diego's parks in? Poor enough for the City of San Diego to be named in two unrelated lawsuits in the span of one month, both over improper maintenance and shoddy sod conditions.
The most recent legal complaint was filed on September 4 by attorneys representing San Diego Unified School District.
The district was filed on behalf of LaToya Smedley, a noon duty assistant at Porter Elementary School in Lincoln Park. Smedley injured herself while walking on a wet and ruddy field.
The park, according to the complaint was "negligently, carelessly, and recklessly owned, entrusted, maintained, repaired, used and controlled said grass field and property that they caused and allowed it to be in a dangerous and defective condition, thereby causing employee to be injured when her feet suddenly and unexpectedly sunk into wet and muddy grass, causing her feet to stick in the mud and her body to twist on defendants' premises."
The City "should have known of the dangerous and defective condition of their property and should have foreseen the danger to members of the public including the employee."
A similar lawsuit over poorly maintained park space was filed on August 27. In that complaint, a man injured his leg after stepping into a gopher hole at Robb Field in Ocean Beach. Gopher infestation at the field, according to the lawsuit and media accounts, has been a hot topic for residents and park goers.
In the most recent case, attorneys for San Diego Unified are asking the City to cover all workers compensation claims as well as any additional damages.
http://www.sandiegoreader.com/weblogs/news-ticker/2013/aug/29/man-sues-the-city-over-gopher-infestation-at-robb-/
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