Case Background
On November 7, 2022, Mary Tuimavave walked along the sidewalk near 2 Connecticut Street, San Francisco. The property included portions owned and maintained by both private and public entities. While walking, Tuimavave tripped on an uneven section of the walkway. The incident occurred on a sidewalk controlled by Defendant Gabia Konce and the City and County of San Francisco.
Cause
Plaintiff alleged the sidewalk contained a dangerous and uneven surface. She claimed both Konce and the City knew, or should have known, about this hazardous condition. Despite this knowledge, they failed to repair, mark, or warn of the tripping hazard. Plaintiff further asserted that the condition was foreseeable and created a serious risk of injury to pedestrians. She contended the defendants breached their duty of care by neglecting to fix or properly maintain the walkway.
Injury
Tuimavave fell when she tripped on the uneven pavement. She reported sustaining severe injuries from the fall. The complaint described her injuries as serious, limiting her daily activities. Plaintiff alleged the injuries caused ongoing physical pain and emotional suffering. She also claimed the incident diminished her ability to work and function normally.
Damages
Plaintiff sought compensation for medical and hospital expenses related to treatment. She also claimed loss of earnings and reduced earning capacity. In addition, she requested damages for property damage, pain and suffering, and other general damages. Plaintiff asked the Court for costs of suit and any other relief deemed proper.
Key Arguments and Proceeding
Legal Representation
Plaintiff(s): Mary Tuimavave
Counsel for Plaintiff: Brian L. Larsen
Defendant(s): City and County of San Francisco | Gabia Konce | Does 1–10
Counsel for Defendants: David Chiu | James F. Hannawalt | Thomas J. Tarkoff
Claims
Plaintiff raised two main causes of action. First, she alleged premises liability, asserting Konce and the City negligently maintained a dangerous sidewalk. She claimed the City allowed a hazardous public condition to persist in violation of Government Code §835. Second, she alleged general negligence, asserting Konce and Does 1–10 breached their duty to repair or warn about the walkway. Plaintiff argued these failures directly caused her injuries and damages.
Defense
The City and County of San Francisco filed its Answer denying all allegations in Mary Tuimavave’s complaint and rejecting any liability for her alleged injuries. The City asserted that Tuimavave’s claims lacked sufficient facts to establish a cause of action and denied she suffered damages due to its acts or omissions.
The City raised nineteen affirmative defenses, including failure to comply with the Tort Claims Act, statutes of limitation, governmental immunity, assumption of risk, comparative negligence, and lack of notice of any dangerous condition. It further argued the sidewalk condition was trivial, not dangerous, and barred under Public Works Code provisions. The City also invoked Proposition 51 to limit non-economic damages to its proportionate fault and reserved rights to indemnity, contribution, or set off from other parties. The City asked the Court to dismiss the complaint with prejudice and award costs.
Settlement
On March 26, 2025, Plaintiff Mary Tuimavave reached a conditional settlement with Defendants Gabia Konce and the City and County of San Francisco in the amount of $26,250. The settlement required completion of specified terms before dismissal, with a request for dismissal to be filed no later than September 26, 2025. This agreement resolved all claims arising from Tuimavave’s November 7, 2022, fall on an uneven San Francisco sidewalk.
Court Documents
Court documents are available for purchase upon request at [email protected]
