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# Manhole victims’ cases had no leg to stand on
- URL: https://www.smdp.com/manhole-victims-cases-had-no-leg-to-stand-on-see-feinstein-page-6/
- Published: 2004-01-16T16:00:00.000Z
- Updated: 2026-10-23T03:33:33.000Z
- Author: Guest Author
- Tags: Crime, Santa Monica, #archive-import

*Jurors feel police responded to open manhole adequately*

*By JAMIE WETHERBE Special to the Daily Press*

LOS ANGELES — Governments aren’t responsible when citizens stroll into an open manhole, Santa Monica jururs said Thursday, unless officials have enough “notice” and time to fix the problem.

The verdict frees Los Angeles County from claims of almost $500,000 from the two plaintiffs, both of whom walked into the same manhole on Dec. 31, 2001, on Beverly Boulevard in West Los Angeles.

The 12 jurors took nine hours to rule unanimously that while an open manhole can represent a foreseeable risk, Los Angeles police couldn’t have responded in time to protect the plaintiffs from injury.

The first complaint to police about the hole lacking a cover came about the same time that Avraham Gottesman partially fell in and sprained his left knee. Just minutes later, Barbara Bubar broke her ribs and shoulder blade after “disappearing” up to her chest in the same hole.

Santa Monica Superior Court Judge Richard Neidorf oversaw the week-long, civil trial, where both the county’s and plaintiff’s arguments revolved around the time issue.

The uncovered manhole at the center of the suit was situated on a public sidewalk. Testimony in the case established that such holes can range anywhere between three and seven feet in depth.

Bubar claims she was housebound for three months and treated for depression following the incident.

Attorneys for the pair, whose complaints were tried together, argued that LA County didn’t respond quickly enough to the report of the missing manhole cover.

The first documented call to notify the county about the hazard came in at 9:35 a.m. Gottesman fell in about that time and Bubar’s mishap came about ten minutes later. The plaintiffs argued that there had to have been prior unlogged calls to report the open manhole, allowing the county ample time to respond.

But jurors didn’t see it that way. “We were all unanimous. The only thing we were hung up on was if the county had enough time to fix (the manhole),” said jury foreman Herman Dishman. “We thought (police) got there as soon as they could.”

> “We were all unanimous. The only thing we were hung up on was if the county had enough time to fix (the manhole),” — — HERMAN DISHMAN Jury foreman

Gottesman sought more than $68,000 for medical bills and pain and suffering. Bubar sued for more than $400,000.

Bubar, who was 69 at the time of her fall, wiped her eyes after the verdict was read.

“The only thing (the jury) disputed was the time element,” Bubar said, adding that where she fell was about two minutes from the sheriff’s station.

Her attorney also was disappointed. “I don’t agree with this decision, but I respect it,” Armond Marcarian said. This case “wasn’t about injuries, but about sufficient time to respond.”

*Originally published in the Santa Monica Daily Press print edition on January 16, 2004.* [Read the original PDF.](https://s3.us-east-1.amazonaws.com/smdp%5Fbackissues/011604.pdf?ref=smdp.com)