Facts

Chi Lun Tan, 46, was driving west on Highway 80 at approximately 1:00 am with his wife, Amy Lee Kee Aw in the front passenger's seat. Tan's vehicle struck a 700 pound boulder in lane one of the two westbound lanes. The Tan vehicle then spun off the road and struck another car which previously struck the same boulder and also spun off the road. Aw, 43, died later in a hospital. Tan, who was injured during the accident, sued the California Dept. of Transportation (CalTrans) on behalf of himself and his wife.

PLAINTIFFS' CONTENTIONS:
The plaintiff claimed that there existed a dangerous condition of public property. The plaintiff contended that the portion of Highway 80 where the collision occurred was adjacent to a 120-ft tall hillside where rocks and boulders make their way onto the highway. The plaintiff contended that an accident was foreseeable, and that CalTrans had failed to take reasonable steps to protect the traveling public. Further, the plaintiff claimed that CalTrans signs that stated "rock fall area" were not adequate because they did not advise motorists on how to proceed. The plaintiff's counsel contended that the steep horizontal-to-vertical incline ratio that was along the hillside had become steeper than originally designed due to erosion over the years. Plaintiffs also contended the original drainage bench built into the hillside had filled with fallen rocks, creating a dangerous condition. As a result, the plaintiff's counsel contended that the falling rocks now bounced onto the collected rocks piled on the bench and were able to reach, and were sometimes launched onto, the roadway.

DEFENDANT'S CONTENTIONS:
The defendant claimed that CalTrans was not required to take any corrective measures because there had only been four non-serious boulder-related accidents in the last 15 years, and that there was no notice to them of any dangerous condition. Defendant further contended that they had built the road and hillside as designed and were entitled to the defense of design immunity. Defendants contended there were no "changed circumstances" to require any changes or defeat the design immunity defense.

Settlement Discussions

The plaintiff demanded $299,000 and the defendant offered $10,000.

Specials in Evidence

$20,000 The plaintiff claimed that the decedent, who was a salesperson, would have had lost future earnings totaling $1.2 million. The plaintiff claimed that the decedent, who was a salesperson, would have had lost future earnings totaling $1.2 million.

Injuries

Tan suffered a concussion and injuries to his vertebrae. The decedent died of internal injuries.

Result

After the jury's verdict in favor of the plaintiff, the state agreed to settle for $800,000.

Deliberation

one day

Poll

9-3

Length

six days