Tatiana Shevertalova has filed a lawsuit against the City of Saratoga, California, concerning injuries she sustained from tripping on a public road. The case, identified as H050498, was appealed in the Sixth Appellate District Court of Appeal of the State of California on May 6, 2024.
Shevertalova's injury occurred in August 2018 when she tripped over an elevated warning-surface pad installed as part of the "Highway 9 Safety Improvement Project." Initially, she presented claims to Monte Sereno and Caltrans within a year of her injury. However, upon discovering Saratoga's involvement in October 2019, she presented claims to Saratoga in March 2020. Her claim was rejected by Saratoga due to untimeliness.
The plaintiff sought judgment and damages for injuries caused by what she alleges is a dangerous condition of public property. She argues that the accrual date should be tolled until October 2019 when she discovered Saratoga’s involvement. However, the trial court ruled that her cause of action accrued on the date of her injury and dismissed her complaint for not presenting a timely claim.
Justices Grover and Greenwood concur that the plaintiff bears the burden to show how a complaint can be amended and that the plaintiff did not demonstrate a reasonable possibility that any amendment would cure her untimeliness. Justice Lie has dissented to this opinion. The judgment of dismissal is affirmed.