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Personal Injury
Dangerous Condition of Public Property
Wrongful Death

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

Robert M. Foley

Court

Santa Clara Superior


Attorneys

Plaintiff

Tesfaye W. Tsadik

Sylvia Keita


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


#102563

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