Walker, Hamilton, Koenig & Burbidge LLP, has reached an $82,500 settlement on
behalf of their client, M.R., a 48-year-old child protective services
worker with the City and County of San Francisco, who was rendered unconscious
on April 11, 2013, while exiting her employer’s parking structure
on her bicycle. Video surveillance footage of the incident showed a helmeted
M.R. triggering the automatic garage gate to open, and then riding over
the elevated lip upon which the gate slides, and falling hard to the concrete
on her right side, and remaining there, unconscious, for the duration
of the tape.
M.R. sustained multiple injuries, including a mild traumatic brain injury,
also known as post-concussion syndrome. It was later discovered that just
days before the accident, the gate M.R. had ridden over countless times
prior, had been replaced by one designed and manufactured by defendant
Holland Iron Works.
The matter was hard fought and fraught with difficulty from the beginning.
Holland Iron Works pointed the finger at M.R., arguing that she rode over
the gate track at a severe angle, thereby causing her own fall. It also
blamed the City and County of San Francisco, the entity that owned and
controlled the subject parking garage, and had approved the specifications
of the new gate track. In addition, there were two substantial medical-related
liens that could have reduced considerably M.R.’s recovery. WHK,
however, successfully negotiated a complete waiver of both.
This settlement represents a tremendous success for the client in an incredibly
difficult liability case and ensures that the client will get to see the
full benefit of her settlement herself, rather than having to use that
settlement to pay her significant medical expenses.