Content warning: This piece contains references to death.
UC Berkeley and the city of Berkeley are facing a lawsuit over the alleged wrongful death of a 59-year-old man after he crashed his scooter outside of Moffitt Library last winter, according to a complaint filed with the Alameda County Superior Court on Sept. 18.
The man, who is not affiliated with UC Berkeley, was identified as Berkeley resident Kenneth Tyrone Wade.
On Dec. 1, Wade was riding his electric scooter using “due care” along the Free Speech Bikeway near Moffitt Library, which was under construction at the time, according to the complaint. The lawsuit details that Wade was seriously injured when he “fell on a lifted portion of the manhole covers” embedded in the roadway and hit his head.
The claim alleges Wade was not found for an extended period of time despite multiple 911 calls to Berkeley dispatch, exacerbating his injuries.
According to the claim, the city allegedly failed to maintain a safe roadway and adequately warn people about hazardous conditions. Confusing traffic lanes, changes in traffic direction, insufficient signage and safety devices in a construction zone created a “concealed trap,” the claim states.
UCPD and the Berkeley Fire Department arrived on the scene to find the victim unconscious — but still breathing — and provided immediate aid. He was then moved to Alameda Health Highland Hospital for further treatment before passing away due to complications of blunt head trauma Jan. 5.
Minor plaintiff Kenneth Noah Wade, the son of the decedent, is bringing the suit forward through a court-appointed representative. The civil case seeks monetary damages in excess of $1,000,000 for medical expenses, past and future wage loss, general damages, funeral and burial costs as well as pain and suffering prior to death.
On March 30, the plaintiff filed a claim against UC Berkeley and the city of Berkeley, among several other public entities. The court documents show that the city formally rejected the claim July 8 on the basis that the loss occurred on the UC Berkeley campus — which “is a separate and distinct entity from the City of Berkeley” — and that the city is therefore not liable.
According to the court documents, UC Berkeley has not responded to the plaintiff’s claims as of Sept. 18.
UC Berkeley spokesperson Janet Gilmore said in an email that campus declined to comment, noting that campus has not been served with a complaint and will address the matter through the legal process.
The case has been assigned to Judge Chad Stegeman, and an initial case management conference is scheduled for Feb. 19, 2027. The plaintiff’s legal counsel at Wilshire Law Firm, Ryan Cowan, did not respond to a request for comment.