A San Diego attorney has filed a $35 million claim against the City of San Diego, alleging an exposed parking meter base on a Mission Hills sidewalk caused a 70-year-old man to suffer a broken neck and back after a fall.

The incident happened May 11 near the corner of West Washington Street and Albatross. According to the attorney, William M. Berman, the man and his wife had just left a nearby sushi restaurant and were walking back to their car.

A security camera mounted on a nearby animal clinic captured the moment the victim tripped over a raised metal parking meter base with exposed, rusted bolts.

The couple asked not to be identified by name.

Their attorney alleges the city created a dangerous condition when it removed the parking meter more than a year earlier but left the raised base and bolts in the sidewalk while keeping the curb painted for 30-minute parking.

Berman also claims there are similar hazards in Mission Hills, Hillcrest and near Balboa Park.

“They protrude about an inch to two inches from the sidewalk. The city needs to make sure they’re taking out these bases from the sidewalks,” Berman said, Friday, speaking to reporters.

This is a screen shot taken from a security camera video. It appears to show an elderly man trip and fall on a protruding metal base left unprotected after a parking meter was removed, June 26, 2026.

M.G. PerezM.G. Perez

This is a screen shot taken from a security camera video. It appears to show an elderly man trip and fall on a protruding metal base left unprotected after a parking meter was removed, June 26, 2026.

Robert and Laura Landisi live around the corner from where the incident happened. They told NBC 7, uneven sidewalks and obstacles can create challenges for people with mobility issues.

“Especially (because my husband) uses a walker, and the sidewalks are not even because of the trees (roots),” Laura Landisi said.

“If you’re not paying attention, you run your wheel right into it. Fortunately, I have yet to fall,” her husband, Robert said.

A spokesperson for the city’s communications department said the city cannot comment on the incident or on individual claims or potential litigation. The San Diego City Attorney’s Office also declined to comment.

Berman said if the city does not respond to the claim, he plans to file a civil lawsuit.

He said, “if the City doesn’t respond, next step to file a civil action.”

The attorney is seeking $35 million in damages for his client, who has been released from the hospital and is recovering at home but requires 24-hour medical care every day.

The claim comes after the San Diego City Council, just last week, discussed the growing number of liability settlements. According to a city report, there have been $116 million in liability settlements over the past decade involving the San Diego Police Department, alone.

This story was originally reported for broadcast by NBC San Diego. AI tools helped convert the story to a digital article, and an NBC San Diego journalist edited the article for publication.