Case Background
On May 12, 2020, Javier Grajeda drove on Tunnel Avenue in San Francisco. At the same time, John George Ford, a city employee, operated a Department of Public Works street cleaning truck. The truck belonged to the City, County, and State of California. Grajeda claimed that Ford acted within the course and scope of his employment. The plaintiff alleged the public entities allowed Ford to drive despite knowing, or having reason to know, that he was reckless and negligent.
Cause
While Grajeda lawfully operated his vehicle, Ford allegedly drove the truck negligently and collided with the passenger side of Grajeda’s car. The complaint stated that Ford failed to use reasonable care while driving. It further claimed the City, County, and State permitted him to operate the truck despite his alleged incompetence. This failure to supervise, train, and control the driver created a foreseeable danger to other motorists, including Grajeda.
Injury
The collision caused Grajeda severe injuries. He alleged harm to his body, nervous system, and overall health. The complaint described ongoing physical, mental, and nervous pain. Grajeda stated that his injuries would result in permanent disability. He claimed these conditions prevented him from working and performing his normal daily activities.
Damages
Grajeda sought compensation for medical treatment, hospital bills, and incidental expenses. He alleged ongoing and future medical costs. He also claimed lost wages, reduced earning capacity, and loss of employment benefits. Additionally, he sought damages for pain, suffering, and emotional distress. The complaint requested both general and special damages, plus interest and litigation costs.
Key Arguments and Proceedings
Legal Representation
Plaintiff: Javier Grajeda
Counsel for Plaintiff: Pamela R. Abella | Michael G. Rix | Caryn Brottman Sanders
Defendants: John George Ford | City and County of San Francisco | City of San Francisco | County of San Francisco | State of California (by and through Caltrans) | Does 1–100
Counsel for Defendants: Natassia Kwan | Frank M. LaFleur | Steven Weinmann | Samuel C. Law
Claims
The lawsuit included seven causes of action:
Negligence against Ford, the City, County, and State.
Vicarious Liability under Government Code §815.2(a).
Violation of Vehicle Code §17001, holding public entities liable for employee negligence in vehicle operation.
Negligence under Government Code §820(a) against Ford.
Negligent Entrustment for permitting Ford to drive the truck.
Negligent Hiring of Ford despite his alleged incompetence.
Negligent Supervision for failing to monitor and control his driving conduct.
Grajeda demanded a jury trial and requested judgment against all defendants for compensatory damages and related relief.
Defense
Defendant John George Ford denied all allegations in Javier Grajeda’s complaint and asserted that he caused no injury or damages. Ford raised multiple affirmative defenses. He argued the complaint failed to state a valid claim and did not comply with government code requirements. He asserted defenses including consent, waiver, estoppel, unclean hands, laches, and limits under the Public Liability Act. He claimed he acted in good faith, that Grajeda assumed the risk, and that comparative negligence or the fault of others contributed to the incident.
Ford also relied on protections under the California Tort Claims Act and Proposition 51, which limits joint liability for non-economic damages. He argued Grajeda failed to mitigate damages and that parts of the complaint exceeded the scope of the original government tort claim. Finally, Ford maintained that any verdict should be reduced for collateral source payments and insisted that his conduct was not the “but-for” cause of Grajeda’s injuries.
Settlement
The parties reached a conditional settlement of $30,000. On June 6, 2023, plaintiff’s counsel, Elizabeth Munro Farrugia of Vaziri Law Group, filed a Notice of Settlement of Entire Case in San Francisco Superior Court before Judge Samuel K. Feng. The dismissal was conditioned on completing specified terms by September 4, 2023, ahead of the scheduled June 21, 2023 trial date. This resolution avoided trial and closed the dispute over Grajeda’s injury claims.
Court Documents
Court documents are available for purchase upon request at Jurimatic@exlitem.com