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Torts/Personal Injury

Feb. 6, 2025

Cyclist challenges city's liability release in state high court

Ty Whitehead, injured by a pothole during a bike ride, lost his lawsuit against Oakland but appealed to the California Supreme Court over the validity of a liability release.

It was cyclist v. pothole, and the hole won. Ty Whitehead struck a 2-inch-deep depression, flipped over his handlebars and hit his head on Skyline Boulevard in Oakland during an AIDS LifeCycle fundraiser training run in 2017.

He was in a coma for about two weeks, his lawyers said.

Whitehead lost in court, too, when he sued Oakland over his injuries. A trial judge granted the city summary judgment, ruling Whitehead had signed a valid agreement that released from liability ...

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