RESULTS
RESULTS

Foreman v CCSF

Dangerous Condition of Public Property

Foreman v CCSF

Bicycle Accident

On the morning of August 14, 2023 Dr. Foreman was riding his bicycle to work on 9th Avenue between Judah Street and Irving Street when he encountered several sections of potholes which had been patched with asphalt.  The potholes were bulging up in mounds to heights of three and four inches further surrounded by uneven depressions. The condition posed a significant risk of injury to cyclists, including but not limited to Dr. Foreman, because they were forced to ride through the “obstacle course,” being hemmed in by the municipal railway tracks on one side, and parked cars on the other.

Dr. Foreman was able to navigate, albeit with difficulty, several of these patches. However, as he got closer to the end of the block, he directly hit one of the bulges with his front tire, while attempting to gently brake to slow his momentum. This sent him flying over his handlebars and to the ground, where he hit his head, and, eventually, lost consciousness.

Because of the incident, Dr. Foreman suffered vertebral fractures at C1, C2, and T1 requiring extensive surgical fusion repair; concussion with post concussive syndrome; vertigo; and road rash.  Fortunately, Dr. Foreman made a good recovery following the crash.

Heinrich Law was able to prove through discovery that the dangerous condition of the roadway where Dr. Foreman fell constituted a dangerous condition of public property that was created by CCSF. That CCSF knew or should have known of the dangerous condition and the hazard it posed.  And that one week before Dr. Foreman fell, CCSF received a complaint about the condition from another cyclist who had also been thrown off their bicycle.