ALBUQUERQUE, N.M. — The city of Albuquerque’s 2000 bike plan will be a key piece of evidence in an upcoming civil trial in which a bicyclist who suffered serious injuries en route to work is alleging the city failed to perform adequate maintenance on city streets.
The city sought to exclude that and other evidence from trial, scheduled Jan. 12, saying the jury could confuse specifics of the bike plan with the “duty of ordinary care,” the legal standard at issue in the lawsuit.
Second District Judge Nancy Franchini said at a hearing Friday that she found the evidence to be relevant, so it may be presented by Charles Finley, the lawyer for cyclist Caroline Johnson.
Johnson, 49, a certified nurse assistant at the University of New Mexico Hospital, was on her way from her home to work at 5 a.m. on Jan. 28, 2011, in the right-hand lane of Candelaria near Quincy NE and wearing bright orange jacket with reflective stripes. Her bicycle was equipped with front and rear lights.