Jack in the Box Inc. v. City of Needles
Published: Dec. 20, 2008 | Result Date: Jul. 25, 2008 | Filing Date: Jan. 1, 1900 |Case number: NCVNS001292 Verdict – Defense
Court
San Bernardino Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Robert F. Douglas
(technical)
Defendant
Edward J. Ruzak P.E.
(technical)
Facts
On Dec. 9, 2005, a Jack in the Box employee hit another vehicle at the Needles Highway and Park Road intersection in the city of Needles. Claims were made against Jack in the Box and were settled for $227,000.
Subsequently, Jack in the Box filed a subrogation lawsuit against the city of Needles claiming that the accident was caused by a dangerous condition of public property.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the area of the incident lacked proper signage, stop sign, and warning of the intersection to oncoming vehicles.
DEFENDANT'S CONTENTIONS:
Defendant denied plaintiff's claims and argued that the Jack in the Box's employee was negligent and this caused the accident.
Settlement Discussions
Plaintiff demanded $70,000; defendant offered $40,000.
Result
The jury found for the defense.
Other Information
Jack in the Box filed a motion for a new trial, which was denied. City filed a motion for costs in the amount of $10,734.19, which was not contested.
Deliberation
two hours
Poll
12-0
Length
three days
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