Newport Beach Officials Sued over Road's Condition Which Caused Man Injury

July 8, 2009

Newport Beach – Zenith Insurance Company has filed damages against the city for an injury its client because of a "dangerous condition of public property". It blamed Newport Beach officials for the accident at noon on New Year's Eve.

According to the insurance firm’s claim, a man named Terry Bye fell while he was leading tourists around Newport Beach near the Back Bay, which is a vast estuary and ecological preserve.

In the legal claim, Zenith alleged that there is a variation of up to 2 inches at the point where an asphalt roadway and dirt path converge. It stated that the condition of the road caused Bye to tumble off a Segway scooter.

It claimed that Bye fell on his left hand, elbow and right knee and that his knee was cut open. He incurred a carpal tunnel injury on his left hand as well as other strains and sprains. Bye has reportedly been paid more than $10,000 in workers' compensation benefits.

Although city officials have rejected the claim last month, they have no comment yet.

Cities are usually held liable for damages when faulty roadway conditions, such as large potholes or defective traffic signs and signals cause accidents which result to injury or property damage. However, most officials reject liability claims and argue that it is not reasonable to believe they should have been aware of the condition and that it posed a danger.