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Civil Litigation,

Government

Feb. 10, 2020

Riverside County city on the hook for $25.6 million

A Riverside County Superior Court jury has delivered a $25.6 million verdict against the city of Hemet, finding it was negligent for an intersection where a pedestrian was struck by a car.

A Riverside County jury has delivered a $25.6 million verdict against the city of Hemet, finding it was negligent for an intersection where a pedestrian was struck by a car.

The verdict, rendered Feb. 6, was secured by Beverly Hills boutique firm Rosen Saba LLP on behalf of plaintiff Nicholas Tustant after a month-long trial before Superior Court Judge Angel M. Bermudez

The jury awarded $566,163 in past medical expenses, $12.5 million in future medical expenses, $2.7 million in lost future earnings, $5.4 million in past noneconomic loss and $4.2 million in future noneconomic loss.

The driver was found 20% responsible while the city was found 80% responsible for the damages.

"We are very pleased with the jury's decision to compensate Mr. Tustant for his injuries and see it as a positive step towards ensuring the neighborhood is safe for everyone," said Ryan Saba.

The city's defense counsel, Brian P. Hamblet of Burke, Williams & Sorensen LLP, said it was exploring a number of grounds for appeal.

"We recognize that this accident was a tragic circumstance, but we are concerned with the jury's decision with liability and its apportionment of fault and determination of damages," said Hamblet. "The city is evaluating the jury's decision, and it's evaluating its options moving forward."

Tustant was struck in 2017 while walking to high school at a marked crosswalk with a history of accidents, sending him into a month-long coma, according to Saba. He said the city knew about the dangers posed by the three-way intersection.

Three other children were hit there in 2012, according to Saba. The city installed LED lights and painted lines, but Saba and fellow plaintiff's counsel argued more should have been done.

"Our argument is it made it worse," said Saba.

He said the crosswalk changes gave pedestrians a false sense of security. Instead, something such as a barrier fence should have been erected.

The driver, Joseph Gervais, was cited for failing to yield.

"We believe the jury did the right thing, and after three long years my client is happy the city will be held responsible for the dangerous condition that needs to be fixed. We hope the plaintiff can get the care and treatment he needs moving forward. We wish the family the best," said Jennifer L. Russell of Ford Walker LLP, the driver's attorney.

Rosen Saba also litigated the case with Menifee sole practitioner Robert P. Karwin.