Tourist files claim against Pismo Beach 

Pismo Beach faces a claim of general negligence after a tourist tripped on a sidewalk and injured herself.

Sun City residents Carol Gorman and her husband were reportedly walking around downtown Pismo Beach when she tripped on an uneven sidewalk on the corner of Main Street and Dolliver Street, her lawyer, James McKiernan, told New Times.

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• File Photo By Kasey Bubnash
• SIDEWALK MAINTENANCE Carol Gorman, a Pismo Beach tourist, filed a claim against the city for general negligence after she tripped on what she claims was an uneven sidewalk and suffered bodily injury.

"We've all seen throughout the area, particularly in San Luis Obispo, they're refurbishing all their curbs, highlighting them and making them access friendly for ADA and that sort of stuff," he said. "So it's the public domain consciousness—they know that these curbs can be problematic or these transitions to the street or either way off the curb or up the curb can be dangerous."

A claim filed July 2 alleges that Pismo Beach failed to use ordinary care in the use of maintenance or management of their premises, which resulted in creating a dangerous condition and exposed Gorman to harm and injury.

"The defendants had actual and/or constructive notice and knowledge of the dangerous and/or trap conditions existing on their premises, including, but not limited to, an unreasonably raised asphalt ribbon on the edge of the roadway on the Northwest corner of Main Street and Dolliver Street in Pismo Beach," the claim reads. "The plaintiff's view of the defect was obstructed by color differential that concealed the defect and affected her depth perception."

As a result, Gorman fractured her left knee's patella, among other injuries, that landed her in the hospital due to a "failed inspection, remedy, or repair to the sidewalk in a timely manner," the claim states.

Pismo Beach City Manager Jorge Garcia told New Times that the city doesn't comment on pending litigation.

But Pismo has strict rules around sidewalk repairs depending on whether the sidewalk is in a residential or commercial area. Garcia said following the California Streets and Highways Code, section 5610, the city doesn't typically construct residential sidewalks, developers do, and when a developer develops a housing tract, they construct the public improvements, including sidewalks.

California Streets and Highways Code section 5610 states that people who own lots or portions of lots "fronting on any portion of a public street or place when that street or place is improved or if and when the area between the property line of the adjacent property and the street line is maintained as a park or parking strip, shall maintain any sidewalk in such condition that the sidewalk will not endanger persons or property and maintain it in a condition which will not interfere with the public convenience in the use of those works or areas."

The code also states that those areas need to be maintained by the owner through use of a permit granted to them by the city.

"Residents wishing to perform work in the public right of way need to get an encroachment permit from the engineering division," Garcia said.

McKiernan said he's been covering sidewalk injury cases in Pismo Beach for years, totaling around 50 throughout his career, and he thinks of them as an act of public service because it helps draw the attention of the city to problem areas quicker.

"It's hard managing a city; there's so many issues going on, and this will rise to the top of their concerns," he said. "The Public Works Department will probably step in and take care of it for future tourists." Δ