Involved Parties
Bicyclist v. City of Pico Rivera (Government Entity)
Result
$225,000.00 Settlement
Location
Pico Rivera, California
Attorneys Involved
Kristopher Peerali, Serena Peerali, Ali Hosseini
Practice Areas
Government Liability Lawyer in Los Angeles, Catastrophic Injury Lawyer
Case Synopsis
Kristopher Peerali, Serena Peerali, and Ali Hosseini secured a $225,000 settlement against a government entity for a bicyclist who suffered severe orthopedic injuries in Pico Rivera – a result reached only after Peerali Law defeated the City’s Motion for Summary Judgment and took on a case two other firms had already walked away from.
Our client was riding in the street because bicycles were prohibited from the adjacent sidewalks in the immediate area. As she crossed an intersection, her bicycle wheel became lodged in a slotted cross gutter embedded in the roadway, stopping the bicycle abruptly and throwing her onto her outstretched hand. She sustained a severe wrist injury that required surgery – an open reduction and internal fixation (ORIF) with hardware placement.
Liability was the central fight. Government entities in California enjoy broad immunities, and the City of Pico Rivera denied that any dangerous condition existed, disputed where the fall occurred, placed the blame entirely on our client, and argued that slotted cross gutters were a standard design used throughout Pico Rivera and neighboring municipalities. Our team moved quickly to inspect the gutter and uncovered a decisive fact the City had not disclosed: it had already removed the slotted design and replaced it with a newer water diversion system – direct evidence that the City itself recognized the original design posed a risk. Further investigation revealed that a City safety study had earlier led to the very sidewalk cycling ban that pushed riders into the street and into the path of those gutter openings. On that record, we advanced two independent theories of liability – that the gutter was a dangerous condition for a foreseeable class of users, and that the City knew of the defect and failed to warn – and defeated the City’s Motion for Summary Judgment. The case then resolved for $225,000.
This recovery required overcoming both government immunity and an aggressive comparative-fault defense, on a matter two prior firms had abandoned. If you or a loved one has been injured in an accident, contact us today to discuss your case.