Facts

On April 26, 2003, plaintiff Ernesto Salinas, 35, was traveling on South Academy Avenue in Fresno County when defendant Nestor Aboytes collided with him at the Nebraska Avenue intersection. The collision caused Salinas' car to spin into a gas meter assembly owned and operated by defendants Southern California Gas Company and the county of Fresno. The meter ignited and severely burned and damaged Salinas' vehicle. Salinas filed suit for negligence.

PLAINTIFF'S CONTENTIONS:
Salinas contended that Southern California Gas Co. negligently caused a dangerous condition when it placed the gas meter too close to the road. Salinas argued that it was reasonably foreseeable that a traffic accident would occur around that location and that the city of Fresno also contributed to the dangerous condition when it allowed the meter to be placed in the right of way.

DEFENDANTS' CONTENTIONS:
The defendants contended that the meter assembly was far enough away from the road and would only constitute a hazard to those who did not use reasonable care. As well, there had never been any other accidents in the previous 48 years in regards to that particular gas meter.

Settlement Discussions

Salinas made a C.C.P. section 998 offer of settlement for $1 million, which was countered with $5,000 from the city of Fresno.

Damages

Salinas sought unspecified damages for medical expenses plus pain and suffering.

Injuries

Salinas suffered burn injuries to his left arm.

Result

The jury found that Southern California Gas Co. was liable for creating a dangerous condition on public property but that the city of Fresno was not liable, as they did not have notice of the dangerous condition. Aboytes settled prior to trial for $50,000.

Deliberation

6.25 hours

Poll

9-3 (dangerous condition of public property), 11-1 (notice), 11-1 (negligence of gas company)

Length

12 days