A blind man who says he was injured last fall when he fell off of Stearns Wharf is suing the City of Santa Barbara for damages, maintaining that railings should encircle the entire pier.
A lawsuit was filed in Santa Barbara Superior Court earlier this year, alleging that the city allowed dangerous condition of public property.
The iconic wharf is 2,300 feet long, and has wooden railings lining the north portion of the wharf. However, the end of the pier, near the Santa Barbara Shellfish Company and Moby Dick Restaurant, is not enclosed by railings, and there is no signage that warns people to stay away from the edge.
Jun Yang, who is visually impaired and walks with the aid of a cane, alleges that he was injured on Nov. 21, 2013, when he fell off Stearns Wharf into the water below. He claims the fall was because the city had failed to install a railing on that part of the wharf.
Yang reportedly suffered a concussion and is being examined by doctors for evidence of a brain injury, but employees at the office of Los Angeles-based attorney Baird Brown, who is representing Yang, say the attorney doesn’t want to comment on the case until all reports are received from Yang’s doctors.
Yang is seeking unspecified damages for hospital and medical expenses as well as general damages.
Earlier this week, Judge Thomas Anderle issued a ruling, agreeing with the city’s claim that it was not negligent, but did not agree to toss out the claim that the city had created a dangerous condition on public property.
Anderle said the city must file an answer to the complaint on or before Sept. 12.
Tom Shapiro, assistant city attorney, said the city will make the case that it has immunity because the area where Yang fell “was part of an approved and reasonable design.”
“If the city can prove that to the court, it is immune from liability for this type of suit,” Shapiro said.
He said Yang’s lawsuit is the first of its type on Stearns Wharf.
“We had a motorcycle accident on the Wharf about eight or nine years ago that went to a lawsuit, but that didn’t involve a fall from the wharf,” he said.
— Noozhawk staff writer Lara Cooper can be reached at lcooper@noozhawk.com. Follow Noozhawk on Twitter: @noozhawk, @NoozhawkNews and @NoozhawkBiz. Connect with Noozhawk on Facebook.

