Skateboarder hit by vehicle on city street. $420K. San Francisco County.

Facts and Background

• Facts and Background:

  On November 26, 2022, plaintiff Ryen Motzek and two of his friends were out skateboarding in the streets of San Francisco.  Plaintiff is an extremely accomplished, expert skateboarder. He has been skateboarding as his primary avocation since age 14, and is considered one of the leaders in the San Francisco skateboarding community. He skateboards both recreationally in skateboard parks, and to commute in and around San Francisco. Plaintiff also puts on skateboarding events in the city, and runs a skateboarding business.

  The three skateboarders proceeded northbound on Hyde Street until Eddy Street, and then turned right on Eddy street toward the Embarcadero. They were traveling single file, and keeping some distance from the side of parked cars in order to avoid being “doored.” Plaintiff was the middle skateboarder, and was up farther out in traffic than his other two friends. All of them were in plain view at all times.

  Defendant, an older man, was driving down Eddy street in his stepson’s 2021 Honda Accord, on his way to his barber. He is very familiar with the area and route. He saw the skateboarders turn from Hyde Street onto a street in front of him. He successfully passed the first skateboarder but then clipped plaintiff's left leg with his front right (passenger) fender. Plaintiff was knocked off his skateboard, and as he twisted and fell, the rear right tires of the car ran over his right foot and ankle. Plaintiff fell to the ground, landing hard on his right elbow. 

  Police and ambulance (SF Fire) were called to the scene to investigate. Surveillance footage was available from a nearby residential apartment building, which offered a view of the incident, albeit somewhat obscured by a small tree on the sidewalk. Plaintiff was taken by ambulance to the ER at San Francisco General Hospital. He followed up with some occasional treatment for his various injuries at UCSF, with some occasional PT. He had a couple of visits with an outside podiatrist, and obtained MRI scans of his shoulder and foot/ankle at SimonMed Imaging.

  Past total medical specials per Howell stipulated at $27,500. Future reasonably certain medical specials clearly attributable included future shoulder surgery (est. $25,000 per treating UCSF shoulder and knee doctor); and various modalities for the foot and ankle problems, but not clear if and to what extent plaintiff would actually obtain such.

  Plaintiff claimed that he will ultimately need knee replacement surgery, which was probably contributed to or at least enhanced or advanced by the accident (he would have needed it at some point in any event due to pre-existing injuries).  Plaintiff claims that his injuries, especially his foot and ankle are permanent, and he is unable to skateboard as before.

• Plaintiff's Contentions:

  Plaintiff contended that defendant driver was negligent and caused injuries. Plaintiff asserted negligence claims against the elderly driver, and against his stepson under the permissive use statute, as the elderly defendant driver was driving his stepson’s car.

• Defendant's Contentions:

  Defendant contended that he was not negligent; that plaintiff was negligent; that plaintiff assumed the risk by skateboarding in the street; that plaintiff's foot and ankle injuries were not cause by the subject incident, but were a wear-and-tear condition caused by many years of aggressive skateboarding.