Negotiations result in small pay-out for surgeon
City Hall has given $27,500 to a local plastic surgeon who hit a crack while riding his bicycle on San Vicente Boulevard more than two years ago, breaking his shoulder and wrecking his road bike.
Dr. Steven Teitelbaum originally filed a claim against City Hall for $600,000, saying it was responsible for the accident because it should have known a nearby pine tree had uprooted the asphalt on the popular bike path.
“Santa Monica’s an outdoor, recreational city,” said Teitelbaum, who was riding with his trainer between 10th and 11th streets when the accident occurred on July 4, 2001. “We’ve built beautiful parks, we’ve built beautiful bike lanes — and I think the city should do everything to make it safe.”
Though his shoulder is now fully healed, Teitelbaum said the accident kept him away from work for weeks. He’s also worried the injury may cause future problems, especially because arthritis has a higher tendency to develop early in broken joints, Teitelbaum said.
“I hit the crack and it just flipped me off,” he said. Teitelbaum, who specializes in breast augmentation and body sculpting, lives in the neighborhood near where the accident occurred and works at a medical office on 20th Street. “It was a really bad fracture. I’m fine now, but the big issue is what’s going to happen to me in the future.”
Gams characterized the settlement as a “large compromise” for Teitelbaum. He said City Hall decided to settle the case because it could have ended up paying much more if the case was lost in a jury trial.
3CA,“It was on city property, it was uneven concrete,” said Gams, who added that the tree actually grew on private property and the owner of that property paid between $1,000 and $1,500 as part of a separate settlement with Teitelbaum.
Ronald Fomalont, Teitelbaum’s attorney, said there were months of negotiations with City Hall before a settlement was reached.
“Well, you’re always hoping for more,” he said. “But, given the circumstances, we were happy with the amount.”
Teitelbaum, who said he regularly rides his bike on San Vicente Boulevard, said he was eager to get back to work.
“I settled for much less than I should, only because the laws tend to be quite favorable to cities in these sorts of cases,” Teitelbaum said. “I didn’t want to take the chance of having nothing and I didn’t want to take hours away from work.”
Originally published in the Santa Monica Daily Press print edition on October 14, 2003. Read the original PDF.