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This fall marks two years since Ubaldo Gutierrez fell off his bicycle while riding on a shoddy sidewalk near Smythe Avenue in San Ysidro. Since that time, Gutierrez has been forced to trudge through the courts to recoup wages and recover from his injuries.

That long journey will end on Tuesday when the City Council will be asked to write a check to Gutierrez in the sum of $175,000.

The sidewalk near Smythe Elementary school has long been an issue for pedestrians and residents of San Ysidro, as is the case with countless miles of other broken segments of sidewalk in San Diego's southernmost community.

This particular segment of sidewalk was especially treacherous, reads a legal complaint that Gutierrez filed in November 2011. First there was an eight-inch deep depression which was then followed "with a sharply sloping entrance ramp, created by a collapsed segment of sidewalk, and an abrupt exit ramp formed by a second portion of collapsed sidewalk."

In court, Gutierrez's lawyers claimed that the broken sidewalk and shoddy attempts to fill the gap created a "dangerous condition of public property."

Of course, the settlement comes after dozens of court hearings and presumably hundreds of hours spent by the City Attorney's Office in defending the case.

City Council will consider the item at its 10am hearing.

http://dockets.sandiego.gov/sirepub/pubmtgframe.aspx?meetid=1765&doctype=Agenda

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