Marie Therese LaCouture, Henri LaCouture v. Jane McKenna, County of Santa Clara, State of California, Department of Transportation
Published: Sep. 30, 2003 | Result Date: Nov. 13, 2002 | Filing Date: Jan. 1, 1900 |Case number: CV784342 Verdict – $0
Judge
Court
Santa Clara Superior
Attorneys
Plaintiff
Defendant
Melissa R. Kiniyalocts
(Office of the Santa Clara County Counsel)
Stephen H. Schmid
(Office of the Santa Clara County Counsel)
Ann M. Ravel
(Renne Public Law Group)
Experts
Plaintiff
Hamid Shomali
(technical)
Gary M. Hesler
(technical)
Defendant
Robert Lindskog
(technical)
Arnold M. Johnson
(technical)
Facts
Jane McKenna was driving on the Arques onramp to the westbound lanes of the Central Expressway in Sunnyvale. The onramp was designed by defendant County of Santa Clara. The onramp is at a higher elevation than the expressway, so drivers approach the merge area at a gradual decline. In the merge area, McKenna's vehicle struck a bicycle being driven by Gilles La Couture, 30-year-old software engineer. McKenna was driving at 30-35 mph. La Couture died from his injuries. The plaintiffs are La Couture's family members. The plaintiffs sued the defendant for wrongful death, alleging that the onramp was dangerous.
Result
The jury unanimously found that the Arques onramp was not a dangerous condition at the time of the accident.
Deliberation
two hours
Poll
12-0
Length
13 days
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