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Personal Injury (Vehicular)
Dangerous Condition of Public Property
Motorcycle Accident

Erik Strauss v. City of Los Angeles, et al.

Published: Jul. 1, 1995 | Result Date: Jun. 8, 1995 | Filing Date: Jan. 1, 1900 |

Case number: BC084616 –  $150,000

Judge

William Huss

Court

L.A. Superior Central


Attorneys

Plaintiff

Robert J. Tobias


Defendant

Charles M. Belenky


Experts

Plaintiff

Clyde Davis
(medical)

Defendant

Edward Nahabedian
(technical)

Clay A. Campbell
(technical)

Facts

On August 10, 1992, Plaintiff Erik Strauss, a 23-year-old male motorcyclist was passing on a freeway connector. At the same time, Defendant State of California's roadside sprinkler system allegedly malfunctioned, causing water to go onto the roadway. Plaintiff's motorcycle lost traction on the wet pavement and went down in his lane of travel. At that time, Plaintiff was a student.

Settlement Discussions

Plaintiff contends he made a 998 demand in the amount of $49,999 (net of reduction per Government Code Section 985) reduced to $29,999 (998) prior to trial; and Defendant offered $5,000. Defendant contends Plaintiff's demand was $25,000.

Specials in Evidence

$14,000

Damages

$80,000

Injuries

Fractured right tibia/fibula requiring open reduction internal fixation with plates and screws to remain.

Deliberation

5 days

Poll

11-1

Length

8 days


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