Here Comes the Hotstepper

Constant Readers,

I have three big projects in the hopper that I am still working on before I share them with you, and in the meantime there's not much happening in the news. So, I decided to do a little research on a subject that I always wanted to dig into but never had the time.

Because, unlike me, most of you have lives, you have probably never seen a Board of Supervisors agenda. Trust me when I tell you that there is always a section where the Board has to authorize the settlement of lawsuits against the City. The City Attorney's Office negotiates the settlement and the Board approves it.

You should know that the City does not have legal insurance, so all settlement money is paid outright.

This past week, there were two ordinances to settle lawsuits that were brought before the Board and referred to the Rules Committee where they will be passed with absolutely no oversight whatsoever. The docs are publicly available for only one of the cases, a products liability lawsuit brought by Debra Denise Reed. (Here's the complaint: Download reed_case.pdf.)

Apparently, on March 15, 2005, Miss Debra was taking a step class taught by the perkily-named Daisy Austin. But because the bottom of the step did not have rubber no-skid patches on the bottom (and the world is not made of Nerf), Miss Debra's uncoordinated self fell off the step and on to the hardwood floor. More than a year and a half later, she sued Daisy Austin and the City of San Francisco for negligence, products liability and premises liability. Among other things, she claims to have suffered "wage loss" and "loss of earning capacity." All from falling off of a step she described as being six inches high. I can only imagine that Miss Debra was a world-famous butt model whose numerous plastic surgeries to mend the scars from unsightly gashes she suffered in the dramatic fall were futile.

So, why did she sue the City?

Because the step class was taught at the Joseph Lee Recreational Center - which is City property.

How much is a broken ass on City property worth?

According to the City Attorney: $65,000.00 (Watching someone in your step class fall off their step? Priceless.)

Today's lesson: If you stupidly hurt yourself, crawl to the nearest piece of City property. Step 2: Sue. Step 3: Profit.   

--Melissa 

Comments

[R.S.]

These thinhs can happen. I stepped off of a curb one night and twisted a knee so badly I had to wear a brace for a couple of months. This happened on government property, but I didn't sue. I figured I didn't have a case. I happened to be drunker than a skunk at the time.

[el Greco]

Yeah, something like that happened to me too at City Hall when a security guard twisted my arm so bad that it hurt for weeks. All I did was ask to meet some of the female staff at City Hall that Newsom wasn't sleeping with any more.

[Be_Devine]

It is cases like this that give attorneys a bad name. It is cases like this that lead to the very destructive "tort reform" laws that make it harder for real victims to obtain justice. And it is cases like this that discourage cities from providing fun services like exercise classes, skate parks, etc. Why provide the service if you're just going to be sued?

They even sued Daisy Austin, the instructor of the class. Did this scum really drag this poor woman into court just because she taught a step class where some woman fell on her ass? As that nut job John Stossel would say: "Gimme a break!"

[Greg]

argh.

My elderly dad has fallen off the MUNI buses due to their bullshit compliance with ADA more than once and yet isn't suing...and this chick gets 65K?

must....get...cocktail...now....or...go...to...stepclassandfalldownandget65kformytriptomexico.....ooops I mean "settlement money."

[Be_Devine]

You don't suppose that this is the same Debra Reed who is the Council Secretary for the Municipal Transportation Agency??

http://en.wikipedia.org/wiki/Municipal_Transportation_Agency

Greg? Sounds like an investigative expose for the N Judah Chronicles.

[Tristan]

I think my mother did something similar at a mcdonald's and only got $15k...better with the public property angle for sure...

[Be_Devine]

Tristan - two questions:

1. Why on earth was your Mom taking a step class at McDonald's?

2. Does The Hamburglar teach it? If so, I SO want to go.

[Tristan]

Excellent questions BD...my mom is a multi-tasker, what can I say? I think it was the Burglar, Grimace was off that day...