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City council to pay $175,000 check to a man who fell on a shoddy sidewalk in San Ysidro

The segment of sidewalk near Smythe Elementary has long been an issue in the community.

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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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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4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs
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