| Daniels v. State of California, et al. / 1-04-CV-013479 |
| Date: |
09.11.2009 |
Summarized by: |
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Publication: |
Daily Journal Verdicts & Settlements - Page 6 |
| VL&A Attorneys Daniel A. Serot, Walnut Creek office and Kara Ann Smith, San Francisco office, negotiated settlement and a dismissal with prejudice in a high exposure double amputee motorcyclist case while representing the developer and general contractor, and were successful in obtaining reimbursement of all their clients' attorneys fees and costs, pursuant to their contract and AI, after the other parties had declined to accept the tenders throughout the litigation. Daniels v. State of California, at Mediation at JAMS in SF with Hon. Richard Bettinelli (Ret.), plaintiff's initial demand was $25 million and the case settled for $3.85 million total. |
| Further Description: |
Motorcycle Accident |
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| Clients' Contribution: |
$0 |
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| Facts: |
On June 28, 2003, at 9:15 p.m., plaintiff Ronald Daniels, age 41, was injured when the handle bar of his motorcycle clipped a metal sign pole in a painted median on a state highway, causing him to lose control of his motorcycle and crash. The plaintiff sought recovery against the state of California and the private contractors, sub-contractors, and traffic engineers responsible for placing the sign on the roadway. |
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| Plaintiff's Contentions: |
Plaintiff contended that the sign should have been located outside the travel way; that the sign should have been on a breakaway pole; that the median should have been constructed with a raised curb; and that the sign pole had been struck by another vehicle several days before this accident, causing it to lean into plaintiff's lane. Plaintiff claimed that the sign pole constituted a dangerous condition of public property in violation of the Caltrans Traffic Manual and Highway Design Manual and good traffic engineering practice. |
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| Defendant's Contentions: |
The state of California contended that the placement of the sign did not violate Caltrans guidelines and that the use of a raised curb for the median at this location would actually have been more dangerous. The private defendants contended that the placement of the sign was consistent with good traffic engineering practice. All defendants contended that the sign pole had not been bent into plaintiff's traffic lane by a prior accident, and that plaintiff was passing a car and entered the painted median, causing the collision. |
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| Injuries: |
The plaintiff suffered amputations of his leg below the knee and right arm above the elbow. |
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| Speicals In Evidence: Meds |
$175,546 |
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| Result: |
The case settled for $3,850,000 ($3 million from State of California; $0 from CRP Construction Company and DMA Gilroy Partners LLC; $250,000 from Higgins Associates; $275,000 from Chrisp Company; $325,000 from Robert F. Enz Construction). |
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| Attorneys: |
Plaintiff - Michael B. Moore (Law Office of Michael B. Moore, San Francisco); Philip M. Tobin (Law Office of Philip M. Tobin, San Jose).
Defendant - G. Michael Harrington, William D. Sullivan (Department of Transportation, San Francisco) for State of California; Daniel A. Serot, Kara Ann Smith (Van De Poel, Levy & Allen, LLP, Walnut Creek) for CRP Construction Company and DMA Gilroy Partners LLC; Claire E. Cochran, Joshua S. Goodman (Jenkins, Goodman, Neuman & Hamilton, LLP, San Francisco) for Chrisp Company; Donald W. Carlson, Monica F. Wiley (Carlson, Calladine & Peterson, LLP, San Francisco) for Chrisp Company; Thorsten J. Pray (Gordon & Rees, LLP, San Francisco) for Higgins & Associates Inc.; P. Christian Scheley (Clapp, Moroney, Bellagamba & Vucinich, San Bruno) for Robert F. Enz Construction. |
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| Medical: |
Plaintiff - Maureen D. Miner, M.D., physical medicine and rehabilitation, Gilroy. |
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| Technical: |
Plaintiff - Phillip H. Allman, Ph.D., economics, San Francisco; Michael J. Braun, P.E., accident reconstruction, Livermore; Carol R. Hyland, M.A., M.S., vocational rehabilitation, Lafayette; Harry J. Krueper, Jr., highway design, San Bernardino.
Defendant - Toby Gloekler, P.E., accident reconstruction, Concord; Edward J. Ruzak, P.E., traffic engineering/road and highway design, Fountain Valley. |
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| Filing Date: |
Jan. 29, 2004. |
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