Family v. City of Modesto

Oct 18, 2024

OUTCOME: $15,400,000 settlement

Plaintiffs’ mother was driving eastbound on Scenic Drive just east of Bodem Street in the City of Modesto. In the vehicle with her were her daughter (age 3 months) in a rear infant car seat, and her s ... on (age 8 years) in the front passenger seat. It was raining and the road was wet. As they entered a right hand curve in the road, Plaintiffs’ vehicle lost control on the wet pavement and slid into the opposing lane of traffic before impacting a truck head-on, severely injuring all of the occupants. Plaintiffs contended that the roadway was in a dangerous condition due to a substandard curve and insufficient coefficient of friction on the roadway surface. Plaintiffs further contended that this location had a significant history of wet weather incidents involving vehicles losing traction in the curve, but the City failed to take adequate measures to address the issue prior to the subject incident. The City contended that the incident was solely the fault of Plaintiffs’ mother making an abrupt left-hand turn into the opposing lane of travel. The City further contended that there was no evidence of accumulated water on the road, that the incident actually occurred in a straight portion of the road after the curve, and that there was nothing about the road that caused or contributed to the incident. In addition, the City contended that there was no admissible evidence of substantially similar prior incidents. At the time of the incident, the 3-month-old female Plaintiff was strapped in her infant car seat in a rear facing position in the center of the rear seat. As a result of the collision, she suffered a severe traumatic brain injury, displaced left parietal and right temporal bone fractures, bilateral frontal and left temporal contusions, seizure disorder, right upper and lower extremity weakness, difficulty with speech, and hearing loss. The 8 year old male Plaintiff suffered a grade 2 splenic injury, left iliac wing displaced transverse fracture, lung contusions, facial abrasions, and back pain.

Woman v. State of California

Aug 19, 2024

OUTCOME: $6,350,000 settlement

Plaintiff was a passenger in a pickup truck travelling westbound on State Route 120 just east of Oakdale, California. As the vehicle Plaintiff was traveling in was approaching a curve, an eastbound ve ... hicle came across the centerline into the westbound lane and struck Plaintiffs’ vehicle head-on. The driver of Plaintiffs’ vehicle was killed and Plaintiff suffered serious personal injuries including a significant brain injury. Plaintiffs contended that there was a dangerous condition on the roadway due to the absence of a median barrier. Plaintiffs argued that the section of roadway where the incident occurred had a history of prior similar crossover accidents that warranted erection of a median barrier. The State denied that there was anything wrong with the road and contended that the incident was solely the fault of the crossover driver. In addition, the State contended that there were no prior substantially similar incidents at the precise location where the incident occurred.

Bicyclist v. City

Jul 28, 2022

OUTCOME: $6,271,886 jury verdict

Jury verdict on behalf of bicyclist who sustained a spinal cord injury after his tire was swallowed by a crack in the roadway which caused him to be thrown over his handle bars.

Family v. State of California

Nov 20, 2017

OUTCOME: $4,500,000 settlement

Driver v. State of California

May 02, 2016

OUTCOME: $12,344,723 jury verdict

Jury verdict on behalf of a San Francisco woman who sustained severe orthopedic injuries when a southbound vehicle on State Route 1 crossed over the double yellow lines and struck plaintiff's vehicle h ... ead on. Plaintiff contended the State failed to follow applicable design principles when designing the roadway taper from two lanes back to one so that speeding cars coming out of a passing lane were funneled into vehicles stopping or slowing to turn left at the intersection. The jury returned a verdict of $12,344,723, consisting of $843,685 past economic loss, $4,001,038 future economic loss, $2.5 million past pain and suffering, and $5 million future pain and suffering.