Top Defense Result: Martinez Jr. et al v. County of Ventura

Dangerous roadway condition

Ventura County

Superior Court Judge Vincent O'Neil

Defense attorneys: Wood Smith Henning & Berman LLP, R. Gregory Amundson, Yvette D. Kohan; Benton, Orr, Duval, & Buckingham, Bruce A. Finck

Plaintiff's attorneys: Michael R. Rhames & Associates PC, Michael R. Rhames; Hugh J. Grant; William Mackey

Attorneys with Wood Smith Henning & Berman LLP minimized damages in a case last September for defendant Ventura County following a 2nd District Court of Appeal decision that found the county could be held liable in a case brought by a motorcyclist who crashed on public road and was gravely injured.

"This was one of the most exciting trials we've had," said defense attorney Yvette D. Kohan.

Humberto Martinez filed the original lawsuit seven years ago after crashing on Box Canyon Road in Ventura County. Martinez Jr. et al. v. County of Ventura, 56-2008-00327795 (Ventura County Sup. Ct., filed April 23, 2008).

He was seeking nearly $15 million in damages after he became paralyzed from the waist down.

The initial jury decision in August 2012 went in favor of the county, on findings of "design immunity" - a state statute giving public entities immunity in road design cases.

But he won an appeal in April 2014 after a three-judge state appellate panel found that the county could be held liable for installing a hazardous drainage ditch on the windy road where Martinez crashed, just a few miles from his home. The panel threw out the "design immunity" ruling and sent the case down for a retrial.

"How much liability" was the main question for Kohan and partner R. Gregory Amundson, who were tapped to retry the case.

Since the finding that the road was hazardous remained a fact in the retrial, Amundson said they switched strategy to focus on the plaintiff's skill as a rider, his credibility, as well as an effort to show he had a "high-risk appetite."

After a host of expertise witness testimony, a jury found Martinez 99 percent responsible for his accident. That conclusion dropped damages from $1.5 million to just $15,672.95, or one percent of the total, according to the judgment.

Plaintiffs' attorneys Michael R. Rhames and William Mackey could not be reached for comment. Grant said the verdict "was very discouraging" and that "there will be no appeal."

- Banks Albach