Facts

Dung Huynh sued City of Hayward, County of Alameda, and the State Dept. of Transportation, in connection with an allegedly dangerous condition of public property.

The county was dismissed in 2012. Plaintiff did not name the driver of the vehicle that rear-ended him, but he was crossed in by the city and the state.

PLAINTIFF'S CONTENTIONS:
On March 9, 2012, plaintiff was en route to work on W. Winton Ave across the 880 overpass just before dawn in the City of Hayward. He commuted from Oakland via Bart and bicycle. He was hit during a lane change by Angelito Baliwag who was merging to access 880 South. The case proceeded against the city and state who plaintiff asserted owned or controlled the intersection. The intersection was a large cloverleaf type intersection that the city designated as a Class III bike route. There was no designated place for bicyclists to ride and there was no signing for bikes on the overpass itself.

Plaintiff contended the state owned the overpass and had a maintenance agreement with the city. The city signed the bike route across the state overpass and described it and its problems in its Bicycle Master Plan. The state lined the road in a fashion that provided no indicia of a safe place for bikes to ride because they claimed they did not know the city made it a bike route.

DEFENDANTS' CONTENTIONS:
Defendants claimed the road conformed to applicable design and safety standards. As such, the roadway was neither defective nor in a dangerous condition. Defendants also contended that the accident was caused by the negligence of driver Angelito Baliwag, who was named as a cross-defendant only by the governmental entities, but not by plaintiff.

Damages

Huynh sought $1 million in medical care and $1.8 million in wage loss. Huynh sought $14.5 million in total sum.

Injuries

Huynh allegedly suffered from severe damage to his frontal lobe. Plaintiff claimed he would need around-the-clock care and supervision at a facility.

Result

The jury found that the accident was caused by the negligent driving of Angelito Baliwag, and that no dangerous condition of public property existed.

Other Information

According to plaintiff, the jury concluded that the city did not own or control the roadway, and that the state did control it but it was not dangerous, and the sole cause of the injury to the plaintiff was the driver changing lanes. An award of $5,951,452 in damages was accepted by the jury against the offending driver who was not a party. However, the amount was uncollectable as he had left the country. Motions for New Trial and JNOV were denied. Plaintiff has filed a notice of appeal.

Deliberation

2.5 days

Length

three weeks