Elgawady

I.

FACTUAL AND PROCEDURAL BACKGROUND

A. Factual Background About noon on June 29, 2015, Elgawady was walking on the brick sidewalk near the corner of Fifth Street and Market Street in downtown San Francisco. As he attempted to cross Market Street, he tripped and fell over a circular metal plate, also referred to as a “flange,” that was about 12 inches in diameter and one inch in height. The flange was attached to the sidewalk by four bolts that extended about an inch above the flange’s surface. He did not see the flange before he fell. He sustained injuries to his knee, back, and right palm, and was taken to the hospital by an ambulance. The flange had served as the base of a “wayfinder sign” that provided directions to nearby museums, shopping areas, and other attractions. The sign was installed in 2000 by the City’s Department of Public Works (Department) in conjunction with the San Francisco Municipal Transportation Agency (SFMTA). It is undisputed that the City has no record of when the sign became detached from the flange, though a Google Maps Street View1 image reflects that the sign was intact in January 2015. The sign was not removed by any of the City’s employees.…