Man, 70, Files $35 Million Claim After Sidewalk Fall Leaves Him Needing 24-Hour Care

A 70-year-old man is seeking $35 million from the city of San Diego after a fall that his attorney says changed his life in seconds.

The incident happened in Mission Hills, California, on May 11, when the man tripped on a sidewalk while walking back to his car.

He broke his back and neck in the fall. His injuries were so serious that he now needs 24-hour medical care while recovering at home.

The man's attorney, William M. Berman, said his client had been walking with his wife after they visited a local sushi restaurant. NBC San Diego reported that the couple was heading back to their car when the fall happened.

The man has not been publicly named, but the moment was captured on CCTV from a nearby animal clinic.

The footage shows him using a walking aid as he approaches the car. He then catches his foot on an exposed parking meter base left in the sidewalk.

The parking meter had reportedly been removed last year, but the metal base and bolts were still sticking up from the sidewalk.

After catching his foot, the man fell headfirst into his car. Berman says the impact caused fractures to his neck and back.

Speaking about the leftover bases, Berman said: "They protrude about an inch to two inches from the sidewalk. The city needs to make sure they're taking out these bases from the sidewalks."

Berman is now seeking $35,000,000 from the city of San Diego on behalf of his client. He argues the exposed meter base was left in 'a dangerous condition'.

He also claims this was not an isolated hazard. Similar exposed bases are said to exist in other San Diego neighborhoods, which could put other pedestrians at risk.

The man is now recovering at home after the fall, but his care needs remain serious. For him, the issue is no longer just a damaged sidewalk; it is a daily medical problem that requires constant supervision.

The elderly man suffered serious injuries from the fall CBS 8 San Diego

Why the filing is an important legal step

The $35 million demand is a claim against the city, which is often the step that comes before a formal lawsuit against a public agency.

ABC 10News reported that Berman said his client spent 18 days in the hospital at Scripps Mercy in Hillcrest and is now in rehabilitation with 24/7 care.

That detail helps explain the size of the claim. Berman said the medical bills alone are expected to reach hundreds of thousands of dollars, before long-term care and other damages are considered.

Speaking to CBS 8 San Diego, Berman said: "My client wants the city to maintain its public sidewalks in a safe condition."

"My client wants to make sure that the city's responsbile in its maintenance program."

Berman also claimed the city had 'ran out of money to maintain its parking meter maintenance program'. He argued that leaving the bases exposed created 'a danger to the public'.

Other people in San Diego have also raised concerns about the protruding parking meter bases and uneven sidewalks.

Laura Landisi, who lives near the spot where the fall happened, told NBC San Diego: "Especially (because my husband) uses a walker, and the sidewalks are not even because of the trees (roots)."

Her husband, Robert, said the same kind of sidewalk obstacle can be hard to avoid when using a mobility aid. He added: "If you're not paying attention, you run your wheel right into it. Fortunately, I have yet to fall."

After the claim drew attention, city crews were later seen paving over the exposed base near West Washington Street and Albatross Drive in Mission Hills.

NBC San Diego reported that the work happened days after the $35 million claim was filed, while the city said it could not comment on the incident, the claim, or pending litigation.

For residents who walk through the area every day, the repair came after the kind of fall they feared could happen. The claim now centers on whether the city should have removed or covered the base before someone was badly hurt.