City of Annapolis v. Hager
| Docket Number | 1072-2022 |
| Decision Date | 02 November 2023 |
| Parties | CITY OF ANNAPOLIS v. MATTHEW W. HAGER |
| Court | Court of Special Appeals of Maryland |
Reed, Ripken, Salmon, James P. (Senior Judge, Specially Assigned), JJ.
A jury sitting in the Circuit Court for Anne Arundel County found the City of Annapolis (the "City") liable for negligence for the injuries sustained by Matthew Hager ("Mr. Hager") while riding his bicycle on a newly designated bike lane on Chinquapin Round Road. On appeal, the City raises four questions for our review, which we have rephrased for clarity[1]:
For the following reasons, we shall affirm the judgment of the circuit court.
During the early evening hours of June 6, 2017, Matthew Hager was riding his bicycle in the newly designated bike lane on Chinquapin Round Road, a 44-foot-wide public road with two lanes of vehicular traffic and two bicycle lanes, one in each direction. As he approached the intersection at Lincoln Street and while riding toward oncoming traffic and against the directional arrow of the bicycle lane, his front wheel abruptly lodged in the gap between the frame and WR Replacement storm drain grate that was in the middle of the bike lane. Mr. Hager was thrown over his handlebars face first onto the grate and roadway, requiring medical treatment for deep lacerations to the right side of his face.[2] Mr. Hager filed suit against the City in the Circuit Court for Anne Arundel County alleging that the City had been negligent in not properly installing or maintaining the storm grate.[3] The City did not dispute that it was responsible for the upkeep and maintenance of Grate 207 but answered that it was not liable for Mr. Hager's injuries because he was contributorily negligent and had assumed the risk of his injuries, and the City had no actual or constructive notice that Grate 207 was dangerous or defective. After discovery but prior to trial, the City moved for summary judgment on those grounds, which Mr. Hager opposed. The circuit court denied the City's motion.
Mr. Hager testified on his behalf as did, among others: Michael Hartsky, who had a similar accident five years earlier and a few miles away; Jason Boyd, PE, an expert in stormwater management and property maintenance; and Samuel Brice, the City's Chief Engineer.
Mr. Hager testified about the accident as related above. He also testified that about a week after the accident, he measured the gap between the frame and WR Replacement storm grate for Grate 207. He testified that he was able to place two fingers side by side in the gap, which he estimated was a 'little over an inch and a half." Although both of his bike tires were destroyed in the accident, he testified that his tires were % of an inch wide.
Mr. Hartsky, by way of a de bene esse video deposition, testified that in late August 2012, he was riding his bicycle on Duke of Gloucester Street in downtown Annapolis (a few miles from where Mr. Hager was injured) when his front tire suddenly lodged in a gap between a WR Replacement storm grate and the frame that held the grate. Mr. Hartsky was similarly thrown from his bike due to the abrupt stop. He suffered bruises and scrapes and his front tire and rim were "destroyed." He testified that his tires were not the thinnest or biggest, that "[i]t's a bike tire."
After the accident, Mr. Hartsky advised the City by email about the accident. A short time later, he sent a follow-up email to the City that he had discovered another storm grate in the same area with a gap between grate and frame. Mr. Hartsky attached a picture of his bike tire in the gap. Mr. Hartsky suggested that the City inspect other storm grates for the safety of the residents, particularly in light of a bike race the City was hosting that weekend.
A few days later, Ms. Marcia Patrick, the City's Assistant Director of Public Works Department ("PWD"), sent the above email chain to the City's then civil engineer level II, Mr. Samuel Brice, asking, "What can we do here to make this safer?" He responded that same day with a several paragraph email. In his email he explained the history of storm grates in Annapolis and how the original storm grates were replaced with WR Replacement grates that were bicycle friendly but over time developed gaps between the old S frame and the WR replacement grate on the street side of the grate. He explained that the WR Replacement grates had two pre-drilled holes on the sidewalk side of the grate for adjustment bolts, and that when the adjustment bolts were in place, the bolts pushed the grate away from the curb and filled the gap between the old frame and WR Replacement grate. He further stated that "[of] the six grates I just looked at, all six had bolt holes for the adjustment bolts [but] none had the bolts[.]" He attached to his email the 2001 State Highway Administration ("SHA") Standard No. 379.08 "STANDARD TYPE S INLET & COMBINATION RETICULAR REPLACEMENT GRATE," a schematic diagram detailing the installation of a WR Replacement grate with adjustment bolts onto an S frame.
A few months later, Mr. Brice emailed a City employee about whether a plan had been devised to address the gap problem, to which the employee responded, "I believe that we have corrected the problem by installing spacers where needed." The next day, Mr. Brice emailed the employee again, advising that he had found another WR Replacement grate that "has not had the bolt installed and has a similar issue."
The maintenance history of Grate 207 was placed into evidence. Between 2012 and when Mr. Hager's accident occurred, the City inspected Grate 207 inside and outside six times, the most recent maintenance inspection occurring about four months before Mr. Hager's accident. The parties stipulated that there are 312 Replacement grates in the City and, as part of the litigation, the City provided Mr. Hager a list of those grates and their street addresses.
Mr. Boyd, a professional engineer with over 18 years of experience in civil and environmental engineering, was admitted as an expert in stormwater management, roadway design, and property management and maintenance. He testified that there are two purposes for a storm grate: to transmit stormwater runoff from the roadway and to keep the surface safe for its intended use. About eight months after Mr. Hager's accident, Mr. Boyd measured the distance between the grate and frame of Grate 207, which did not have adjustment bolts affixed, and found that the gap measured "[a]lmost an inch and an eighth." He stated that the 2001 SHA Standard No. 379.08 permits only a 'A inch gap between a WR replacement grate and an existing frame.[4]
Mr. Boyd testified that every state develops engineering standards for stormwater inlets and it is "very common" for municipalities, like the City, to adopt their state's standard. Mr. Boyd testified that the American Association of State Highway and Transportation Officials ("AASHTO") standards for storm grates in bicycle lanes, which provides for a gap of one inch or less, was not the applicable "standard" but only a nationally developed "guideline."[5] The parties further stipulated that there are no replacement grate installation instructions contained in the AASHTO.
Mr. Brice, now the City's Chief Engineer, testified there are 92 street miles in the City. He testified that after Mr. Hartsky's accident in 2012, he realized that the City had "a bigger problem" than just the one grate. He understood the City's DPW was addressing the gap issue - when maintenance crews inspected sewer grates and discovered there were no bolts, they were "putting in bolts[.]" Mr. Brice testified that although Mr. Boyd testified earlier that the WR Replacement grates involved in Mr. Hartsky and Mr. Hager's accidents were identical, he opined that installation of the same type of grate at different locations may cause different sized gaps because of different conditions. He opined that repairs in the City of Annapolis are "complaint driven," and the City had never received a complaint about Grate 207. It was not known how many WR Replacement grate gaps were corrected in the five years between Mr. Hartsky's and Mr. Hager's accidents.
Mr. Brice acknowledged that he did not consult AASHTO when he contracted in 2016 to have Chinquapin Round Road repaved, redesigned, and new bike lanes designated, work that was completed a few months before Mr. Hager's accident. He admitted that he gave no consideration to the WR Replacement grates that were already present on Chinquapin Round Road. Mr. Brice testified that he considered a one-inch gap across 44 feet of road "trivial."
The parties stipulated as follows:
To continue reading
Request your trial