Stunning $35M lawsuit hits San Diego over trip-and-fall

A routine stumble on a San Diego sidewalk could wind up costing taxpayers a staggering $35 million.

A 70-year-old man has filed a claim against the city seeking the eye-popping payout after allegedly tripping on a damaged sidewalk and suffering a broken neck and back. If the claim isn’t settled, the case could head to court.

The man and his wife were leaving a sushi restaurant near the intersection of Washington Street and Albatross Drive in May when he fell, attorney William Berman told NBC San Diego.

Security camera footage shows the man walking toward a car parked at a curb with a 30-minute time limit. Curiously, he does not appear to use the cane he is carrying in his left hand.

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Then, one of his feet touches the exposed metal base of what was a parking meter, supposedly removed from the sidewalk more than a year earlier.

Surveillance footage captured the dramatic moment the man pitched headfirst toward the pavement before slamming into the back of a parked car. He is then seen lying motionless with his head wedged between the curb and the vehicle’s rear wheel as his wife rushes to his side.

The shocking fall was caught by a security camera mounted outside a nearby animal clinic.

Berman alleges the city created a dangerous hazard by removing the parking meter but leaving behind its raised metal base and protruding bolts embedded in the sidewalk. He claims similar sidewalk hazards exist elsewhere across the city.

“They protrude about an inch to two inches from the sidewalk. The city needs to make sure they’re taking out these bases from the sidewalks,” Berman said.

The man has been released from the hospital, but he requires 24-hour medical care every day at home, the attorney claimed.

The city through a spokesperson said it cannot comment on the incident or potential litigation.