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BRETT J. SCHREIBER, ESQ. (SBN 239707)
THORSNES BARTOLOTTA McGUIRE LLP
2550 Fifth Avenue, 11th Floor
San Diego, California 92103
Tel: (61) 236-9363 Fax: (619) 236-9653

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Attorneys for Plaintiffs CYNTHIA and ROGER
HEDGECOCK

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SUPERIOR COURT OF THE STATE OF CALIFORNIA

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COUNTY OF SAN DIEGO

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CYNTHIA HEDGECOCK, an individual
and ROGER HEDGECOCK, an
individual,

Case No.:

37-2016-00035343-CU-PO-CTI-

COMPLAINT FOR:
1. DANGEROUS CONDITION OF PUBLIC
PROPERTY

Plaintiffs,
V.

2. LOSS OF CONSORTIUM
CITY OF SAN DIEGO, a municipality,
and DOES 1-20, inclusive,

DEMAND FOR JURY TRIAL

Defendants.

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Plaintiffs CYNTHIA HEDGECOCK and ROGER HEDGECOCK bring causes of
action against defendant CITY OF SAN DIEGO, and DOES 1 through 20 (collectively,

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"Defendant") on information and belief as follows:

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JURISDICTION AND PARTIES

1.

At all times relevant to this action, CYNTHIA HEDGECOCK and ROGER

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HEDGECOCK were and are natural persons and residents of San Diego County, State of

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California.

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1202227v1

COMPLAINT

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2.

Defendant CITY OF SAN DIEGO is and at all times relevant to these actions

was a municipality in San Diego County, State of California.

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3.

The claims asserted in this complaint arise out of acts, omissions, transactions,

and conduct that occurred within the County of San Diego, and therefore this action is

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properly venued in the Superior Court for the County of San Diego.

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4.

Plaintiffs do not know the true names and capacities of defendants sued

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herein as Does 1 through 20, inclusive, and, in accordance with Code of Civil Procedure
Section 474, sues these defendants by the fictitious names of Does 1 through 20, inclusive.
All subsequent references in this Complaint to "Defendant" and/or "Defendants" shall

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mean and include all Doe defendants. Plaintiff will seek leave of this Court to amend this

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Complaint to set forth the true names and capacities of the fictitiously named defendants

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when their true identities and capacities become known to Plaintiff.

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5.

The damages sought by Plaintiffs are well in excess of this Court's

jurisdictional threshold of $25,000.

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FIRST CAUSE OF ACTION

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DANGEROUS CONDITION OF PUBLIC PROPERTY

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(Alleged By CYNTHIA HEDGECOCK Against All Defendants)

6.

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The injuries upon which this action is based, and the conduct of Defendants

as alleged herein occurred within the city of San Diego, State of California.

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///

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///

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1202227v1

COMPLAINT

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7.

On or around the afternoon of July 31, 2015, CYNTHIA HEDGECOCK,

encountered a dangerous condition of public property along the public right of way

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sidewalk on Morrell Street approaching Grand Avenue.

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8.

Ms. Hedgecock did not see the approximately 2.5-inch concrete lip that was

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created by the conduct of CITY OF SAN DIEGO. The defendant's failure to properly
maintain this public walkway resulted in Ms. Hedgecock suffering serious personal
injuries when she tripped over the poorly maintained sidewalk, flew forward and came

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crashing to the ground.

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9.

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Ms. Hedgecock suffered serious personal injuries from the fall caused by the

City's creation and maintenance of dangerous condition of public property. On August 17,
2015, Ms. Hedgecock presented to Scripps Clinic with persistent chest pain and breast

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deformities. As a result of the fall, both of Ms. Hedgecock's breasts were irreparably
damaged.

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10.

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By early September 2015, Ms. Hedgecock learned that both of her silicone

breast implants had ruptured and that silicone had been leaking into her bloodstream since
the fall on the public sidewalk.

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11.

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On November 10, 2015, Ms. Hedgecock endured the medically necessary

bilateral implant removal and the corresponding and appropriate replacement procedure

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in a grueling procedure.
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COMPLAINT

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12.

After the extensive surgery, Ms. Hedgcock required weeks to recover and

needed pain medication, sleeping aides, and her husband's constant assistance.

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13.

The City of San Diego negligently and carelessly owned, possessed,

maintained, designed, signed, repaired, inspected, and controlled said portions of the

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public right of way sidewalk as described herein so as to constitute a dangerous and
hazardous condition which created a substantial risk of injury when said property was
used with due care in the manner in which it was reasonably foreseeable it would be used.

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Said dangerous condition created a reasonably foreseeable risk of the kind of injury and
death hereinabove alleged and constituted a dangerous and hazardous condition of public
property which was the legal cause of Cynthia Hedgecock's injuries and damages

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described herein.

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SECOND CAUSE OF ACTION

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LOSS OF CONSORTIUM

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(Alleged By ROGER HEDGECOCK Against All Defendants)

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14.

Plaintiff incorporates by reference as though fully set forth at length herein

the allegations of all preceding paragraphs.

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15.

As alleged herein, Defendant caused a tortious injury to Ms. Hedgecock's

spouse ROGER HEDGECOCK.

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16.

In addition to the injuries suffered by Ms. Hedgecock, plaintiff Roger

Hedgecock has suffered the loss of support, service, love, companionship, society,

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1202227v I

COMPLAINT

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affection, relations and solace from his wife - as a result of the injuries caused to her by the
City of San Diego.

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17.

As noted above, because of the extent of Ms. Hedgecock's injuries and the

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prolonged need for constant care, Mr. Hedgecock had to stay at home and help his wife
everyday with her recovery - while she was in extensive pain and could not care for
herself.

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18.

Accordingly, Mr. Hedgecock also seeks compensation, for his own loss of

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income and the loss of consortium with his wife.
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PRAYER FOR RELIEF
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Plaintiffs pray for judgment against Defendants as follows:
1.

For compensatory and general damages in an amount to be determined at

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For prejudgment interest;

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For costs of suit herein incurred;

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For such other relief as the Court deems just and proper.

trial;

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JURY DEMAND

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PLAINTIFFS hereby demand a trial by jury on all claims so able to be tried.
THORSNES BARTOLOTTA McGUIRE LLP

Dated: October 10, 2016

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By:
Bre
c rei er
Attorneys for Plaintiffs
CYNTHIA and ROGER HEDGECOCK

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COMPLAINT