Ivan Arroyo has filed a premises liability and negligence complaint against Peter Weinerth and the City of Oxnard. The complaint was filed in the Superior Court of California, County of Ventura, on May 15, 2024.
According to the court documents, Ivan Arroyo alleges that he sustained serious injuries due to a dangerous condition on a sidewalk adjacent to 102 N F Street in Oxnard. The incident occurred on May 2, 2023. Arroyo claims that while walking westbound on the north side sidewalk of W. 1st St., he tripped and fell because of an unlevel walkway created by a slab of concrete acting as a ramp to the side yard of the property owned or managed by Peter Weinerth. Arroyo's complaint states that this hazardous condition resulted from negligence on the part of Weinerth and other unnamed defendants, who failed to maintain the premises properly.
The plaintiff further asserts that the City of Oxnard is also responsible for his injuries due to its failure to address and rectify the dangerous condition despite having actual or constructive notice. Arroyo's claim against the city was timely filed on October 10, 2023, but was subsequently rejected on January 18, 2024. The rejection prompted him to pursue legal action.
Arroyo’s legal representation, provided by Gerald L. Marcus and T. Vincent Consolo from the Law Offices of Gerald L. Marcus, argues that both Weinerth and the City of Oxnard neglected their duty to ensure public safety by not repairing or warning about the hazardous sidewalk condition. The lawsuit cites violations under Government Code Section 835, which holds public entities liable for injuries caused by dangerous conditions if they fail to take corrective measures within a reasonable time frame after becoming aware of such conditions.
The plaintiff is seeking general damages for physical pain and suffering, medical expenses incurred and anticipated future costs related to his injuries, loss of income and earning capacity due to his inability to work post-injury, pre-judgment interest at the legal rate, costs associated with filing the suit, and any additional relief deemed appropriate by the court.
The case is presided over by Judge Ryan Gabler under Case ID: 2024CU PPO2 4879.