Government claim, personal injury claim referred to different dangerous conditions
A man alleged that the City of Stockton, Cal., and its employees negligently and recklessly designed, maintained, and operated a public sidewalk, which led to severe injuries to his knees, hands, and back.
In 2018, the plaintiff in the case of Hernandez v. City of Stockton filed a government claim seeking damages from the city. He said that he tripped and fell on the surface of a public sidewalk and suffered injuries due to a dangerous condition identified as an “uplifted sidewalk.” The city rejected the government claim.
The plaintiff then filed a personal injury complaint. He alleged that the city and its employees negligently allowed the surface of the sidewalk to be in a dangerous condition under section 835 of the Government Claims Act.
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In 2021, the city filed a motion for summary judgment. The trial court granted summary judgment in the city’s favor. The government claim failed to fairly reflect the factual basis for recovery alleged in the personal injury complaint, the trial court said.
Though the plaintiff predicated his government claim on a dangerous condition created by an uplifted sidewalk, he later based his personal injury complaint on a dangerous condition along the sidewalk created by a “tree well hole,” the trial court explained.
The California Court of Appeal for...
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