"The city lost a motion to get the lawsuit thrown out and turned to Bird for help with the case. In the failed motion, lawyers for the city argued the city did

"The city lost a motion to get the lawsuit thrown out and turned to Bird for help with the case. In the failed motion, lawyers for the city argued the city did not know about the broken pavement or fig tree, that Peña accelerated down the hill (which Peña denies), that he had consumed a “large amount of cognac” the night before, that he was over the scooter weight limit by 15 pounds and was wearing a backpack." The night before.... for the cognac side. Not that I agree with the victim, but "drinking large amounts of cognac" needs context of "when".