Lawsuit for personal injury filed against Palmetto Bay. Does the Street by Street initiative have any responsibility for the alleged condition? is it an improvement or a tool for avoidance?

An interesting lawsuit was filed against the Village of Palmetto Bay for personal injuries alleged to have occurred on May 18, 2019. The reason – poorly maintained sidewalk along SW 82 avenue causing a cyclist to go down. The lawsuit is styled ANGELA POLLY MASE VS VILLAGE OF PALMETTO BAY, 2020-003056-CA-01, complaint filed February 10, 2020. Defendant Palmetto Bay does not appear to have been served with the complaint as of the date this article was posted.

What happened? The description of this accident is contained in the allegations of the complaint for damages - paragraph 6:

6. On or about May 18 2019, Plaintiff XXXX XXXX was lawfully riding her bicycle southbound along the subject sidewalk. The subject sidewalk was defectively dangerous, it was uneven, protruding up from the ground and creating a hazard to pedestrians using the sidewalk in its intended manner. As (Plaintiff) traveled on the sidewalk the front tire of her bicycle hit the uneven lip of the sidewalk slab. The abrupt change in elevation of the sidewalk caught the tire of her bicycle and caused her to flip over the handlebars and smash violently upon impact. She suffered serious personal injuries as a result.

Did the Plaintiff comply with Section 768.28, Florida Statutes, prior to filing this lawsuit? The Plaintiff made a “boilerplate” reference in paragraph 10, merely alleging that "All conditions precedent and statutory requirements for the filing of this Complaint have been satisfied or waived." Florida Law that must be followed before filing suit: Section 768.28, Florida Statutes, requires that a plaintiff must put the municipality on notice of the claim and must wait at least 180 days after the notice to file a lawsuit (there can be waiver of the length of time in certain circumstances).  We will see if  Section 768.28 was complied with prior to filing this lawsuit. 

Was the sidewalk poorly maintained? I don't know the condition of the sidewalk on May, 18, 2019, the date when the alleged injuries occurred. I can only see the condition of that section as of February 19, 2020:

Photos above taken on 2/19/2020

Sidewalks or bike lanes - either way, there should be a safe way to travel 82nd Avenue by bicycle.  

We, the residents, have not heard much on the alleged “Street by Street” initiative for some time. Is this lawsuit part of the reason?  Rumors, some may call them concerns, include:

• Why is maintenance becoming ‘political’ – shouldn’t village maintenance be done through operation by staff and not subject to the political patronage of elected officials? (setting up the potential for a district v district fight for attention)
• Are some areas receiving their ‘Street by Street’ attention based upon political support, either past or expected future, rather than a prioritized level of need?
• Is political interference causing some areas to be ignored while other areas are receiving disproportionate attention?
• If no requests are made by affected residents, or if officials don’t inspect a certain street, does that mean there is no need to provide maintenance to that area? – in other words – does this mean we all need to be squeaky wheels?

Palmetto Bay has budgeted for sidewalk repair in each and every budget year. In the past (and maybe still to this day) the repairs are made annually based upon staff survey and priority. The repairs documented in the photos above appear relatively fresh, but one needs only to move mere blocks south on 82nd Avenue to find another section of sidewalk that appears to require 'street by street' attention:

Photo taken 2/19/2020

The uneven condition was once marked in orange paint with a temporary patch put in place. Both the paint and patch appear well worn due to time and weather. I am unaware as to whether this current section is scheduled for a more permanent repair or if it was taken off line pending revised priorities of this current mayor and council.

Fair questions, but back to the lawsuit. 

The lawsuit alleges that this accident occurred on May 17, 2019. 

I have a couple of concerns – first –to the cyclist – why on the sidewalk – that is not a safe place for a cyclist to ride. Sidewalks are best suited for pedestrians who should not have to compete with a cyclist. I have blogged about this before – See: November 28, 2018, Bicycling rules of the road - for cyclists and motorists

Why was this cyclist not in a bike lane? I worked hard to obtain a $1 Million TAP grant to update 82 avenue. But, to date, only the section between SW 160 and 168 have received the promised bike lane improvements.  This money will not last forever; there usually is a 5 year cycle to use this money. I have not personally checked up on this grant in a while.
see: November 21, 2018, Follow up – requesting status of the $1,000,000.00 TAP grant, will the new council follow through to maintain our priority for bicycle lanes, attempt to repurpose the money or reject this grant? 

Obviously, this suit is covered by our insurance, both any judgement and cost of defense, but claim loss history does impact premium costs (borne by the Village Taxpayers) as well as insurability. Regardless, coverage for personal injury should never replace maintenance and other preventative measures designed to prevent personal injury. 

Those interested in legal proceedings will certainly keep an eye on this case to see how it is resolved.

Other relevant Prior Related Posts:

July 20, 2017, Palmetto Bay Awarded $1 million TAP grant for bicycle lanes project The request was for bike lanes on 82nd avenue, partially completed between 160th south to 168th Street.  

April 3, 2019, POD - Bike transportation - not sport - along 82nd Avenue. Will I get a response to my request? Dumping $1 million?