Walter Mencken 8:33 a.m., Nov. 21
When newspaper racks attack: UT San Diego named in two lawsuits for poorly maintained newspaper racks
Paper sued for failing to maintain newspaper vending machines
As if San Diego's cracked sidewalks and bumpy streets weren't bad enough. Now another hazard appears to be putting pedestrians at risk: UT San Diego newspaper vending machines.
Two people have filed lawsuits against the daily newspaper in San Diego Superior Court in the past two months, looking to recoup medical expenses and other costs they racked up after run-ins with poorly maintained newspaper racks.
One lawsuit, filed on December 17, 2012, occurred at the Little Italy bar/restaurant, The Waterfront. While there for brunch one day in December 2010, a man fell after a railing gave way. On his way to the ground the man hit a UT San Diego vending machine which he says was not anchored to the sidewalk. The machine struck back.
"While falling, Plaintiff was struck by a Union Tribune vending machine which was not securely fastened to the concrete floor of the entrance," reads the lawsuit. "The vending machine was negligently owned, maintained, managed and operated by Defendants Union-Tribune Publishing Company and...The Waterfront restaurant. Plaintiff suffered severe injuries that caused him to lose wages. Plaintiff requires future surgery and has lost future earning capacity as a result of the injuries."
Then on February 7, 2013, the paper and the City of San Diego were named in a separate suit filed by a woman who was injured during a walk in Normal Heights in May of last year.
According to the lawsuit, the woman tripped on the exposed metal bolts that anchor a UT vending machine to the sidewalk. The suit claims the City and UT San Diego failed to "repair, own, maintain, inspect or operate the [machine] so as to legally cause and permit [it] to be in a dangerous and defective condition.
"The Defendants, each of them, owed a duty of reasonable care toward Plaintiff and others based upon Defendants ownership, possession, and operation of the subject premises where the injury causing incident occurred. Defendants and each of them created, maintained, controlled and allowed a dangerous condition on the premises to exist in the area where Plaintiff and others were walking. In the alternative, Defendants and each of them were aware or should have been aware of said dangerous conditions."
Click on the link below to read the lawsuits:
Thanks to HonestGovernment for the great pic!
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