Hole in grass blamed in death
A wrongful death claim filed against Newport Beach blames a hole in a grassy public area for the death of an 83-year-old man who flipped his motorized scooter there.
In a claim filed against the city in September, Sharon Neben Fogg, of San Diego, alleges that the hole in a patch of grass in the 400 block of Narcissus Avenue caused former Corona del Mar resident Marvin Neben, 83, to die after falling there April 25.
The relationship between Fogg and Neben remained unclear.
Filing a claim is the first step in filing a lawsuit against the city. Fogg does not state in her claim how much money she is seeking from the city in damages.
The claim alleges that Neben had parked on Narcissus Avenue and gotten out of the vehicle on his scooter via a motorized ramp. A hole in the grass between the sidewalk and the curb line caused Neben to fall, the claim alleges.
“The wheel went inside a hole in the grass, causing the scooter to flip over,” the claim states.
Neben was tossed out of his scooter onto the concrete sidewalk
According to a copy of his death certificate, Neben died of coronary heart disease 10 days after his fall, on May 5.
No further details about the accident on Narcissus Avenue are given in the claim, or how the fall might have affected Neben’s health.
A call to the Law Offices of Robert Koenig, which is representing Fogg, was not returned Tuesday.
Newport Beach city officials also did not immediately return a request for comment.
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