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Insurance
Subrogation
Dangerous Condition of Public Property

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

Charles F. Peterson


Defendant

Joe B. McMillin


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


#105626

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