Edd Crouch, by and through his Conservator Michelle Martin v. State of California, City of Concord, Bay Area Rapid Transit District, Jose Rodriguez and Does 1 through 100, inclusive
Published: Feb. 6, 2016 | Result Date: Mar. 3, 2015 | Filing Date: Jan. 1, 1900 |Case number: C12-00899 Settlement – $4,250,000
Court
Contra Costa Superior
Attorneys
Plaintiff
Richard H. Schoenberger
(Walkup, Melodia, Kelly & Schoenberger)
Anna Dubrovsky
(Anna Dubrovsky Law Group Inc.)
Pavel Krepkiy
(Anna Dubrovsky Law Group Inc.)
Sara M. Peters
(Walkup, Melodia, Kelly & Schoenberger APC)
Defendant
Gerald Michael Harrington
(California Department of Transportation)
Martin J. Ambacher
(McNamara Ney Beatty Slattery Borges & Ambacher LLP)
Facts
Edd Crouch, 29, sued motorist Jose Rodriguez, the State of California, the City of Concord and the Bay Area Rapid Transit District after he was struck and injured while walking on the walkway for the Port Chicago Highway where it intersected with the freeway on-ramp for Highway 4, in Concord.
Rodriguez settled with Crouch via his policy limits for $15,000. The Bay Area Rapid Transit District was dismissed for waiver of costs. The matter continued against the California Department of Transportation only.
Contentions
PLAINTIFF'S CONTENTIONS:
Crouch contended that Rodriguez negligently operated his vehicle and that the other defendants failed to properly maintain the on-ramp, constituting a dangerous condition of public property.
DEFENDANT'S CONTENTIONS:
Caltrans denied it was liable, contending that the location of the collision was not dangerous.
Damages
Crouch claimed that his future medical care needs ranged between $12,100,325 and $14,588,572.
Injuries
Crouch claimed severe head injuries, including brain damage and subdural hematomas, resulting in paralysis on one side of his body. He also claimed injuries to his lower limbs.
Result
The State of California settled with Crouch for $4.25 million.
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