Injured in an accident that took place at a Stenner Creek Road intersection last year, a Reno, Nevada, resident took the city of SLO, the county, and Caltrans to court to retrieve damages for negligence and the dangerous condition of public property.
In June 2024, while biking from southbound Highway 1 to Stenner Creek Road, Reno bicyclist David Emery was reportedly thrown violently from his bicycle when he hit a roughly 2-inch unmarked vertical pavement edge between two merging lanes. The fall resulted in fractured ribs and an elbow, a large hip contusion, and multiple road rash abrasions for Emery, according to the June 11, 2025, complaint.
“On information and belief, this pavement lip was the result of a paving overlay
project on the main traffic lanes that was not properly transitioned or feathered into the adjacent shoulder, creating a dangerous condition of public property,” the complaint said. “This condition was not marked, and there were no signs to warn cyclists of its presence.”
Within six months of the accident, Emery allegedly filed a written claim with the state’s Office of Risk and Insurance Management, SLO County, and the city of SLO. All three entities reportedly failed to act on the claim within 45 days, leading to the claim’s rejection in January 2025.
“A rejection was issued on Jan. 3, 2025, due to the city and county believing Caltrans is the correct defendant,” Legal Assistant Emma Erickson of Bay Area Bicycle Law, which represents Emery, said via email.
Erickson added that, as of June 25, Emery hadn’t fully recovered from his injuries.
Based in San Francisco, Bay Area Bicycle Law specializes in bike crash cases and regularly evaluates the value of bicyclists’ crash claims. Emery’s complaint is the only case the law firm is currently representing in SLO County.
Stenner Creed Road isn’t a stranger to accidents.
In 2018, an 18-year-old driver died after his vehicle hit a tree at Highway 1 and Stenner Creek Road according to a press release from the SLO County Sheriff’s Office. Cal Fire reported in 2021 that an 83-year-old man driving a Toyota Tercel was killed in a car crash near the road on Highway 1. In 2022, The Tribune reported a car crash occurred at Stenner Creek Road as crews repaired downed utility lines.
SLO County Counsel Jon Ansolabehere told New Times he didn’t have comments on Emery’s case.
“As for the city, we rejected the claim and will seek dismissal of the lawsuit on the grounds that the property in question is not in city jurisdiction, nor under our control or scope of responsibility for maintenance,” SLO City Attorney Christine Dietrick said. Δ
This article appears in Jun 26 – Jul 6, 2025.