Saturday, March 30, 2019

Injured cyclist files claim with city

Mark Muir and Julie Thunder's news site Encinitas Current:
Roberta Walker, a cycling advocate and the Executive Director of Cardiff 101 Main Street Association, along with her husband, John, filed a claim against the City of Encinitas for damages sustained in a bike accident. In December, she was hit by a truck at and critically injured while riding her bike in the southbound sharrow lane of Highway 101 in Leucadia.

[...]

The claim states that there existed a dangerous condition of public property, including “confusing and distracting” pavement markings, confusing signage, and there was “no separate bicycle lane creating a dangerous condition on public property.”

86 comments:

  1. The city has so poorly maintained roads it is absolute negligence on their part!

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  2. So much for civic commitment - cha-ching$$$$ Her issue should be with the driver of the vehicle that hit her. Going for the deep pockets, proving that greed underlies most motivation.

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  3. Time to call in Marco.

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  4. Because the Accident Collision Report is "not" available to the public we do not know what really happened in this accident. Like who's fault it really was. Of coarse our hearts go out to Roberta for her serious condition and to the man driving the truck for all the stress he has endured. Hopefully, this suit will provide the public with the details of this Accident Collision Report and everyone can learn from this tragic accident.

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  5. Time to get real.

    The cyclists are the ones who asked for the sharrows. Has anyone once heard Roberta or the cycling gangs at city hall complaining about "distracting" road markings (again, the ones they asked for) or signage being "confusing?"

    This sure smells like a case of someone not wanting to take responsibility for their own actions and looking for the deepest pockets to pay. No one wishes Roberta ill, but it's still time to get real.

    Catherine is in a tough spot: protect all taxpayers or her friend? The city's defense will reveal which path she chooses.

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  6. 3:35- Your mother raised a dumbass.

    The City is soooo negligent in not addressing this none hazard for over 15 years. The worst part is the same condition exists today and more carnaige and liable payments can easily happen today and tomorrow.

    There are at least two more huge lawsuits about to drain the coffers of Encinitas, yet the City Council does nothing and supports the failed current direction of the City status quo.

    How many people will it take to get run over before the City paints in the needed bicycle lanes. Its already one lane at La Costa. Complete the bicycle lane and keep it one lane through Leucadia like at La Costa. Let the freeway traffic stay on I5.

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    1. 4:05, lots of folks are asking the same questions as 3:35 so by your reckoning lots of dumbasses out there. the questions are legit. Walker was a selfproclaimed expert on all things safety. You have to wonder was she really confused.

      the turn is at the bottom of her road so she took it a lot but when she gets hit now she's confused. this is the first time she didn't understand the signs, I don't buy it and neither to a lot of others.

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    2. 4:05, you are one confused dude. The city council does not "support the failed current direction" - it IS the current direction. This is not something the city manager and staff are doing to us. This is the what the council are telling them must happen.

      Don't like finding out who your 5 pals really are and what they really want to do to Encinitas? Too bad, you elected them - I didn't. Wake the eff up already.

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  7. 4:05 Why only Leucadia 101? What about El Camino Real, Encinitas Boulevard, South Highway 101?

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    1. Ah, those won't help push streetscape. There's no money to be made off projects on the other roads. Phony pushes streetscape oddly hard, must be a rea$on.

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  8. So confused she kept riding??? So confused she didn't get off the bike and walk or ask for help??? So confused as she had never been down that road before??? I smell a FAT RAT !!!!!
    Counter sue her and her husband for being stupid.

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    1. Some lawyer got to her. People won't accept personal responsibility for their actions. Anyone that rides a bike thru that area is crazy - accidents happen. Now the taxpayers are on the hook for it.

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  9. city is going to be down over $10 million and counting.... still no bike lanes. Will someone get run down tomorrow because of the sketchy conditions. Sharrows on an old highway is never a good idea.

    The City Council and City management are to blame. Unfortunately, the taxpayers are getting screwed again for their lack of leadership.

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    1. $10 million? Good luck with that.

      My only hope is that Roberta is spending attorney's fees out of her own pocket on this one. Keep the meter running!

      So everyone needs to be protected by the gubment? Seriously, what kind of nanny state is this?

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  10. For every infrastructural related lawsuit, dock the City Manager $25,000/yr off her salary. Then maybe she'll pay attention to more pressing issues.

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    1. You mean dock the council. The CM works "at their pleasure" as Vina used to say.

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    2. Yes. The City Council is responsible for keeping this completely incompetant City Manager. They all have to go.

      I hate to say it but with this City Council backing this damaging City Manager, they are damaging the City's future worse than Jerome Stocks did in 2005 with he lead the 35% increase in pensions for all employees in one nights vote.

      This City Manager is the worst in the City's history because she consistantly make bad recommendations to City Council who gulp up the bad advice with stupid comments like, "We are so appreciative of the expert advise we are get from our excellent City Manager. Puke. Morons.

      They all most go. McDermott is right next election a clean sweep and lets get our town going a positive direction.

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    3. The council isn't backing the city manager, they're directing her. Unless you're a city worker? how do you know what recommendations she's making??

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  11. https://www.delmartimes.net/encinitas-advocate/news/sd-cm-nc-roberta-walker-20190127-htmlstory.html

    Her gofundme donation page said that she collected most of what she asked for???

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  12. The Mayor made public statements, Councilwomen Hinze says that she knew this was going to happen! Are you kidding me with these public statements. Why don't you just hand over the city's checkbook.

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  13. If the city pays out for this accident. They need to get ready to pay out for the many other accidents that have already happened on this roadway. They just can't make payouts to their personal friends.

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    1. Call it Lottery Lane!

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    2. Exactly~ I'm sorry for Roberta but it's shameless to sue for her reckless behavior. Eli and Christine commented in the Cost news article that her bike had no lights or reflectors on it, and she was not wearing a Reflective vest when it was pitch dark that early in the morning.. Plus there is no visibility at that intersecion so if she did not come to a complete Stop and look North to make sure it was safe to turn South, there was no way the driver would have seen her or much less be able to stop in time so he would not hit her.

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  14. Yup..... the payouts will happen. And there will likely have more because the same unsafe condition still exists today. Unbelievably irresponsible. I don't see the Mayor bike riding with her kids in the sharrow lanes. I wonder why. Could it be its NOT safe. Oh yeah thats it.

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  15. It was the bicyclists who demanded the sharrows in the first place. When they were established, there was a big celebration, with adults and kids riding gleefully in the sharrows.

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  16. You are a dumbass. You cannot classify all bicyclists as one. Just because a few people think the City was doing something to make the street safer like put up ineffective signs doesn't mean it really made anything safer. I ride a bike and I would never ride in those sharrow lanes. The fricken cars are on your ass the entire time and you feel like you are going to be run down. Where is the accident report on this accident anyway. Is it legal or a least proper for an accident of this nature to not have an accident report released at this point. The City should be talking with the DA.

    The City knew the road was inadequate and thats why it approved a redesign in 2010. The big problem for the City legally is it knew it has a hazardous conditions for years and did nothing.

    Right now the road is deficient and the same mow down could happen again. Is not a proper road for sharrows. If I were the lead of the City, I would implement the bikelanes on Hwy101 this week to minimize future liability exposure.

    But they will not because they are incompetent and do not really care about tax payers money.

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    1. 7:14 You are uninformed and misinformed. Your saving grace is at least you're bright enough to not ride a bike in the sharrow lane.

      When the sharrows on Leucadia 101 were installed, scores of celebrants showed up to ride in them. The sharrows were seen as a big victory for bicyclists. Hundreds of bicyclists showed up at the Roberta rally and rode in the sharrows.

      What about the sharrows downtown and in Solana Beach? Do you condemn them too?

      Maybe you're bright enough to not ride a bike on 101. There are much safer alternative routes.

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  17. Yes. The City Council is responsible for keeping this completely incompetant City Manager. They all have to go.

    I hate to say it but with this City Council backing this damaging City Manager, they are damaging the City's future worse than Jerome Stocks did in 2005 with he lead the 35% increase in pensions for all employees in one nights vote.

    This City Manager is the worst in the City's history because she consistantly make bad recommendations to City Council who gulp up the bad advice with stupid comments like, "We are so appreciative of the expert advise we are get from our excellent City Manager. Puke. Morons.

    They all most go. McDermott is right next election a clean sweep and lets get our town going a positive direction.

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  18. Does anyone not find it telling that Roberta sues the city?

    At the time of the accident, there was just barely the beginning of dawn light on the horizon. She was not wearing any reflective clothing or using any lights on her bicycle.

    She was cruising down her street onto the 101. Anyone want to take the bet that she rode through that stop sign without slowing down, much less stopping to see if there was any approaching vehicles on the 101 at that early, mostly dark hour?

    Was she distracted with music playing in her ears too?

    Now she sues the city and not the driver? Some thing smells fishy here. Maybe if there was a dedicated separated bike lane things could have gone differently.

    Maybe if she had slowed down or even stopped at the stop sign, things could have gone differently.

    Personal responsibility is for all of us to maintain no matter where we go in life.

    The driver was released without being charged. Is that not telling? He stayed with her until the cops came and released him, as any decent person should do.

    Is it not even more telling that the report has not been made public after all this time has passed.

    No one wishes Roberta anything but a speedy and full recovery. I certainly do, but the picture of how this occurred at such a dark hour and no lights or reflective clothing, much less even stopping at the stop sign does bring up some personal responsibility on her part.

    Something is not quite right about this whole situation. The driver was released and not charged and now she is going after the city.

    You can bet the next time she rides down her street onto the 101, she will at least slow down for the stop sign.

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    1. Well expressed, 11:39. Your questions and comments are 100% valid and spot on.

      Catherine's lack of impulse control - blurting out comments and making snap decisions - have put her and taxpayers, whom she can't seem to remember exist, in a very tough spot.

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    2. 11:39 started out speculating Roberta didn't heed the stop sign at the Phoebe corner, then concluded she didn't. Not a good start, not a good leap.

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    3. What exactly are you saying, 12:06?

      I read 11:39's post as considering both sides. What about that is "not a good start?" And "not a good start" for what? Sounds like you are trying to use nonsense language to discredit what I agree was an excellent and well-considered commentary.

      The person sounded measured and reasonable in their remarks to me. And, sorry to inform you, representative of a what a whole lot of people are saying: "Something smells fishy."

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    4. 12:06 is saying exactly what 12:06 said: 11:39 started out speculating Roberta didn't heed the stop sign at the Phoebe corner, then concluded she didn't.

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    5. Read more carefully. As I read 11:39 it was written as speculation and closely questioning the situation. No hard "conclusions" drawn that I saw. But if you want to write off any other version than Walker as a true victim, go for it.

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    6. The details about what happened won't be known until the report and suit are made public. And even then, there won't be 100% certainty.

      What individuals and news reports have said so far is inconsistent: Light, no light, reflectors, no reflectors, dark clothing, light clothing, speculation about ear pods.

      Any conclusion drawn before all the evidence is available is most likely wrong.

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    7. Which is why Blakespear's knee-jerk reaction and "do something now" reaction was wrong. She drew conclusions and acted on them, not even knowing if her solutions were the right ones. And she hasn't looked back since.

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    8. Blakespear gets her recommendations from staff, are they good recommendations?

      Blakespear may think so, but I think they are horrible. The current City Manager is so costly to Encinitas.

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    9. 6:17 AM, not quite. Council tells City Manager what they want to happen. City Manager makes sure staff recommends what Council wants to see. Otherwise, get the F outta here.

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  19. No shit. The people speculating are loser dumbshits. Their Mom must have been on crack while pregnant or something.

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    1. who are you responding to, 1:55? did you have a coherent point to make or you just foaming at the mouth cause that's how you express yourself?

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    2. I agree with 1:55. To speculate about who was at fault in this incident, who deserves what, etc. shows a complete disregard for human decency. Do you all have children? Were you not loved enough as a kid? What the hell is wrong with all of you? Roberta was almost killed and is still undergoing brain surgeries. She didn't ask for this. And the way you all are talking about her is so insanely cruel. Honestly I'm ashamed you live in this town. The way you are treating her through all this is not very "Encinitas" and definitely not at all "Leucadia" if you ask me. Treat others the way you would like to be treated.

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    3. Then cool 8:34 it with the "mowed down" scenarios. These are not fair to the driver, yet I've seen that description all over the place, from the NextDoor pages to Facebook.

      The driver, while not seemingly not physically injured is certainly suffering, too. Not nearly to Walker's extent of course, but it's likely he was profoundly affected.

      Blakespear's immediate calls to action were extreme and seem quite calculated to be useful to her in pushing Streetscape. She's had the disabled fellow in the wheelchair before her several times, showing photos of his hospitalizations thanks to her "professional staff" engineering so-called road improvements in such a way as to make it impossible for anyone in a wheelchair to cross a major road without facing serious injury.

      Her response to him? A cheery "you'll be glad to know it's on our two-year work plan."

      Take a step back and demand the sheriff's report. It makes no sense that it's available only to the two parties involved. We taxpayers pay for his time and that report should be made public. Without it, rumors will swirl. It looks bad for Walker's side that we still don't know what what she believes happened, yet she's asking us to pay her millions.

      Remove the emotional and look at this logically. Folks asking legit questions are not "dumbasses" or had moms "on crack." You win no arguments with those remarks.

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  20. Mayor Blakespear is going to cost our city millions... she needs to shut the F... up and be a responsible public servant!

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  21. 2:12-

    I was responding at 1:55 to 11:39

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  22. Couldn't it be as simple as Roberta and JP are suing to pay their bills? Sure they got almost $125K from the go fund me page, but that likely won't cover her current and future care, not to mention disability/lost income. The truck driver had limited insurance and suing him personally would be cruel. Suing the city sounds pretty standard to me. Plus considering how poorly marked the sharrows are, it seems like it should be a straightforward case.

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    1. Simple and standard? Hardly. This is a legal issue. Was there negligence on the part of the cyclist? If the truck driver was not cited, it will be difficult to sue him, as his truck was damaged and his insurance company will defend him. The city of Encinitas has the deep pockets and may or may no defend itself.

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  23. Homeless bums have invaded Leucadia roadside park. Trash everywhere!!
    Where is L 101 Main Street Asso???

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  24. Why do some bike lanes have bollards, while some don't. Are all street safety concerns being treated the same way? Did the Mayor talk Roberta into filing a lawsuit against the city?

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    1. They have to test out the dumb plastic bollard idea before expanding or removing the dumb plastic bollard idea.

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  25. Last sentence shows you are a dumb person. Roberta filed a lawsuit because she was mowed down on a really dangerous yet known popular bicycle route.

    You do not deserve answers to any of your questions.

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  26. more lawsuits to come, yet the causing hazard remains.

    We need new leadership at City Hall.

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  27. 5:52 pull your head out of Blakespear's butt. We know what the cause was, but did her comments (directly and indirectly) encourage Roberta to file.

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  28. I heard that Mayor Blakespear staged the event and paid the boy to run over her friend so that a lawsuit would be filed that she could use as a pretext to force through Streetscape.

    I’m not sure if this is true or not, but people are talking about it, so I guess it’s absolutely 100% confirmed true.

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    1. Sorry 12:39 but you have it all wrong. The way I heard it is that McDermott's behind it all. He hacked into Catherine's email and dummied a wire transfer to the truck driver but the driver got sick so his son ended up driving the truck. It was also Charlie that called Roberta with the idea of talking an early morning bike ride. So when Roberta sued the city CB would take the fall and he would coast to victory in the next election. I heard all this while waiting in line at VG's for a cinnamon roll so it has to be true!

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  29. I also heard that the Sheriff called a press conference where he was to share the police report that showed that Roberta was wearing camouflage, and had rigged a rope system to drop out of a tree right in front of the boy’s truck.

    When the Sheriff stepped to the lectern, Blakespear was seen in the back of the room dragging a finger across her throat. The press conference was immediately canceled. I’m not quite sure what that was about, but I have my suspicions.

    I heard these things, so they are probably true.

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  30. Don't lawyers generally say that they can't comment on these types of issues? It sounds like Blakespear could have handled her comments in a more professional way.

    BTW, there is nobody who does not wish Roberta well and feel boundless sympathy for her.

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  31. couldn't thunder have chosen a better name for her blog than one already used by a news site in town?

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    1. The Thunderhole Megaphone?

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    2. I feel horribly for what Roberta is going through and she has the right to sue the city if she believes there was negligence in the traffic design.

      When it comes to this Encinitas Current. Yes! Great point. I thought it was a new section of the North Coast Current when I saw it and I was disappointed - then annoyed - when I saw it wasn't and was instead run by a politician and a potential politician with specific agendas. It's deceptive!

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  32. It rained and I slipped on a sidewalk...I'll sue the city. The sun came out and dried up some of the rain but not all of the rain and I was confused, so, I am suing the city. There is confusing signage concerning riding in a public street with vehicles whizzing by me.......sue everyone

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  33. Roads are for the San Diegans cars. Adults shouldn't be riding bicycles around during the day anyways unless they're filthy rich, most of us have to work. That 'bike freak' Brian Grover is a trust-funder whose parents bought him a half-a-million dollar condo on PCH, he should recuse himself from all discussion regarding these "Disneyland for adults utopian" bike lanes. Much of the city council is just like him, spoiled elitists-Hinze (mommy dearest bought her a home), Blakespear (mommy dearest gave her a home), and Kranz (lives at his in-laws home) NONE of these persons have had to sacrifice and toil to save for a downpayment to by a home like the rest of us. None of them have had meaningful jobs that demanded they work for 10 to 20 years before saving enough for a downpayment to buy a home. Any adult 'out riding' during he week is just another trust-a-farian whose elitist opinions should carry no weight. Do away with these shared lanes before more bicycle riders are harmed or killed.

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    1. You are fricken scary. I hope you turn in your keys before you kill someone. Your mind is not right. Seek help please.

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    2. Actually 4:21 is fricken right. All names he/she called out were handed the keys to their homes, free and clear. Throw Boerner-Horvath into the mix of those who live comfortably without having had to work for any of it. They glom onto whatever latest craze sounds hip and have the nerve to try schooling the rest of us.

      What exactly about what 4:21's post is inaccurate, 9:51? Your outburst tells us nothing as to what is "not right" about what 4:21 wrote. Try again and this time use your words. You may have to seek help first, though. You've posted before and you never make sense.

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    3. City streets are not equal-opportunity public infrastructure space with usage rights apportioned equally to bikes and cars. 4:21 is spot on. If bikes enjoy equal use, then runners, walkers and other exercise enthusiasts are also entitled. Get real. GET REAL.

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    4. 4:21 has serious issues. It's one thing to state a fact (nature of homeownership), it's quite another to express an opinion about the relationship between how one has acquired their home and there contribution to society (spoiled elitist). 4:21 somehow equates the perceived nobility of a strong work ethic and frugality (he's most likely a protestant) with the excesses an idleness of the wealthy class. Would 4:21 rather that these spoiled elitists exhibit more of a noblesse oblige? I seriously doubt he's a royalist!! Rather, 4:21 is most likely someone who has played by the rules and has been afforded a comfortable life only to have it impaired, marginalized, or just taken away by those who have played by different rules. Naturally he's bitter. Hopefully he does not possess high powered weaponry! In the end, and as we all know, reality sucks - but you have to find a way to deal with it. I sincerely hope that 4:21's frequent rants on this blog relieve him of the stresses in his life and he can go outside and enjoy the day.

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    5. Wow, ok. I would say that while generalizations in general can get you into trouble, the politicians in question fit the elitist attitude description. If you listen to their comments, the charge is accurate.

      I'd say taking the leap from someone making these observations to their possible possession of "high powered weaponry" points to you, 7:52, as the one with "serious issues." And talk about a rant.

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    6. It's actually not as big a leap as you would think. Many studies have shown the detrimental effects to ones psyche of keeping strong emotions bottled up. Social media has not helped in serving as an outlet for such emotions since for some it affirms their feelings of rage at events they can not control. Social media divides more than it coalesces. On a per capita basis, each American owns 1.2 guns. Now we all know not everyone has a gun. Only about 1/3 of Americans own guns, so one can infer that the average gun owner owns more than 3 guns. Think about that next time you're in the lineup at Swamis or enjoying a brew at the Union. There's also evidence that non-gun owners deal with the stress in their lives very differently than gun owners. The mere presence of a gun escalates the potential for violence. So you see, it's not that big a leap.

      And if you characterize my opinions as "ranting" then you haven't really been reading this blog.

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    7. Your initial post at 9:51 makes me more afraid of you than any dots you're trying to connect on the other poster.

      But I'm sure you're right, I suspect you always are.

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    8. That's not my post - I'm 7:52 and 7:51 - and it appears on a regimented schedule!

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  34. “The sharrows concept was not meant to be on coast highway. ... You can’t mix cyclists and people going 40 and 50 mph.”
    So what was Brian Grover's involvement in ENSURING one of these shared roads was placed right in front of the home that his mom bought for him? You know PCH, the road that every Californian has a right to enjoy!

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  35. The sharows didn’t change anything.

    They are simply a reminder to drivers of the law.

    Period.

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  36. Right. But they can provide a false sense of security, and that is where the City failed. They are never intended to be put on a road like N. C. Hwy . 101.

    Like so many time with this City Management, they blew it again and will cost us tax payers millions. So fucked. Blakespear and crew need to be booted, so we can get this City going in the right direction.

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  37. Personal responsibility Roberta. Show it.

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  38. While everyone wishes Roberta a speedy and full recovery, suing the city for your accident is shortsighted.

    If you continue to pursue this action, you alone will stand out as another....

    Oh, never mind. You apparently have made your choice on who to blame for the unfortunate sequence of events that led to you being hit.

    Exhibit some responsibility and don't blame the city taxpayers for what happened.

    Just as the driver of the truck was not charged at the scene, you need to accept some of the responsibility for what happened in those dark hours at the time.

    The city is not responsible and you know it.

    This community has stood behind you with generous donations to the tune of $125,000 and probably more by now, and that shows what a special caring community we have here.

    To even think that suing the city will garner support among the tax paying residents is a pipe-dream and will do nothing positive for your cause.

    Please reconsider. That alone would show the character that has brought you so much support.

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  39. 10:59-

    Wow. Are you backwards. The City knows of a hazardous street condition and knows the road needs bicycle lanes. Instead they invite people to bicycle ride in the middle of a highway speed roadway. and whos liable?

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    1. Wow! What happened to personal responsibility? Sharrows were installed in downtown Encinitas before Leucadia. They are a shared responsibility, hence the name. In the Leucadia accident is looks like the responsibility wasn't shared by the cyclist.

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    2. And let's not forget the cyclists wanted the sharrows…!

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    3. 10:23-Wrong. The City wanted the sharrows. Most bicyclists want a separate and safe bicycle lane to ride in without fear of getting mowed over by an ignorant/drunk/distracted driver.

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    4. 5:46 - wrong. Go back to the 2012 meeting someone posted over on Encinitas Votes. It shows cyclist after cyclist begging for sharrows. Your rewrite of history is wrong.

      You have an obsession with mowing. Go outside and get some fresh air and cut some grass. That should calm you down.

      And hinting that the driver who collided with Walker was "ignorant/drunk/distracted" is not supported by lack of police citing the driver. You want to be very careful here.

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  40. Who's liable? EVERYONE that thinks that our roads are for anything but vehicles and the exceptional type-A cycling type. Certain people are raised to find someone else to blame no matter decision they have made but fortunately most of us take full responsibility for our decisions and actions. If you decide that it's a good idea to head on a bicycle in low light onto an well-established arterial commuter road, this is your decision alone and if you get run over by a delivery truck, a big Mercedes surf van or by some 18 year old speeding home in his gifted BMV, they are not fault as this is a road that has always been and always will be a commuter arterial for vehicles and not a &%$king Disneyland-for-retired-adults to ride their bikes. Trustful baby Brian Grover should be held accountable for forcing this share ow lane right in front of his PCH condo, and why didn't this little soiled boy abstain from these votes? If anyone should be sued, it should be him for trying to change the landscape and culture of PCH which belongs to all San Diegans.

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  41. its so sad there are people like you out there. I hope you find some peace, learn the laws and you don't kill or maim someone. Sadness.

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    1. 7:19 PM -- Too bad you lack objectivity because of your misplaced loyalty to persons and ideas. One day the accident report will come out unless the city quashes it. Whatever happens will point to which party was recklessly responsable.

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  42. 1:45pm- Too bad you lack common sense.

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    1. 1:45pm makes perfect sense to me. Who is it that lacks common sense? Are you in favor of releasing the accident report? This city has a long history of undue influence on the sheriff for political reasons going back to the day of Jerome Stocks and Christy Guerin.

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  43. There's only one reason not to release the report: it would not support Blakespear's half-crazed, knee-jerk reaction to the accident. How much do you think her response was driven by her anger at not getting to appoint Walker, her first choice, to the Hinze position?

    You can bet your bippy Blakespear's influencing its suppression.

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    1. Oh my - here's someone else who lacks common sense......

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