A San Diego resident has filed a lawsuit against the county and San Dieguito Water District alleging he struck a pothole on El Montevideo in Rancho Santa Fe last summer and was thrown from his motorcycle, leading to multiple injuries.
According to the complaint, filed last month in San Diego County Superior Court, San Diego resident Brian Kenny was riding a 1997 Honda Goldwing westbound on El Montevideo, toward Via De Fortuna, in July 2024 when “he unexpectedly struck a large pothole with an elevated/raised cathodic water lid, causing him to be thrown off the motorcycle and crash onto the concrete.”
Kenny’s injuries include rib fractures, a punctured lung, a hip injury and right nasal bone fracture, according to the complaint, which have caused “great mental, physical and nervous pain and suffering.” The lawsuit is seeking damages including hospital costs, property damage and lost earnings.
According to the complaint, the water district and county have rejected Kenny’s legal claims, which typically precede a lawsuit against a government agency and give both parties a chance to settle the allegations themselves before going to court.
His complaint for damages due to a dangerous condition of public property and negligence alleges that “various dangerous conditions existed on and around the Subject Location, creating a substantial and foreseeable risk of injury when the property was used with due care.”
“When basic infrastructure is neglected it can cause pretty devastating consequences to the public,” said Erik Pogosyan, an attorney for Kenny. “It would be right for them to feel safe on their roadways to prevent freak accidents like this one.”
Officials from the San Dieguito Water District and county did not immediately respond to a request for comment.
