David Batterson 1:30 p.m., April 28
Woman sues city after falling off Ocean Beach seawall
Ocean Beach resident Nichole Gideon has filed a lawsuit against the City of San Diego following the denial of a $500,000 damage claim blaming the city for negligently maintaining the seawall she fell off of in September 2012, suffering back injuries that required surgery to repair.
The fall allegedly occurred on or about September 30, 2012, between 3 and 4 p.m. in what is erroneously described by Los Angeles law firm Daniels, Fine, Israel, Schonbuch, & Lebovits as the 500 block of Newport Street - no such address exists, though the seawall in question appears to be at the end of the 5000 block of Newport Avenue, near the parking lot providing access to the municipal pier.
“At all times prior to September 30, 2012, defendants and each of them, knew or should have known the condition of this seawall at Newport Street [sic] where it intersects with the beach . . . was in a dangerous condition and failed to correct said condition,” states the complaint.
Gideon had earlier attempted to file a claim directly with the City on March 29, though that was rejected on May 6, with City officials advising her that she had six months to file suit for damages.
The wall in question, which spans from the foot of Newport Avenue past the terminus of Niagara Avenue (which becomes the pier) was built along with the pier in the 1960s and, on the street side, stands about two feet tall and two feet wide, though on the beach side it can drop from six feet to as much as 15 feet before reaching the sand below.