Confidential

Facts

On Nov. 8, 2001, plaintiff Jane Doe, a 44-year-old optician, was driving her car on Walnut Boulevard in Contra Costa County, when defendant Jerry Samuel Berkowitz, driving on Concord Avenue, ran a stop sign and hit the plaintiff's car. The stop sign facing Berkowitz on Concord Avenue was partially obscured by oleander bushes, a fence, trees and other vegetation on defendant Gene A. Arata's property. At the intersection, there were no traffic controls, regulatory signs, or warning signs for drivers on Walnut Boulevard. The plaintiff sustained a traumatic brain injury and orthopedic injuries. Her dog was mortally injured and had to be euthanized at the scene. The plaintiff alleged that the accident was caused by a combination of vehicular negligence and dangerous conditions of public and private property. She brought claims against Berkowitz for negligent operation of his vehicle, Arata for the failure to maintain private property adjacent to the intersection, and the County of Contra Costa for creating and failing to remedy dangerous conditions of public property.

PLAINTIFF CONTENTIONS:
The plaintiff contended that the vegetation on Arata's property prevented her and Berkowitz from being able to see each other as they approached the intersection, which had no ambient lighting. She also contended that prior to the accident, County employees had moved the stop sign on Concord Avenue closer to the oleander bushes to prevent it from being damaged by passing trucks. She alleged that no visibility studies or safety studies were performed after the County employees moved the sign. County employees also failed to trim the oleander bushes back from the sign, even though they had trimmed around the sign on prior occasions and knew that oleander was a fast-growing plant. The plaintiff contended that the fence, trees, and other vegetation on the Arata property were maintained in violation of County ordinances, which established maximum height allowances at intersections so that drivers would be able to see approaching cross-traffic. The plaintiff contended that both Arata and the County had a duty to ensure compliance with these ordinances.

DEFENDANT BERKOWITZ CONTENTIONS:
Berkowitz contended that he was not familiar with the road and that he was unable to see the stop sign until it was too late to react. He also contended that the stop sign was obscured because of the negligence of both the County and Arata for failing to maintain the trees and shrubs and the County for moving the stop sign.

Specials in Evidence

$598,556 $162,029 $861,906 $3,594,347

Injuries

The plaintiff sustained a traumatic brain injury and orthopedic injuries during the accident. Specifically, her head injuries included frontal lobe brain damage and global brain injury resulting from diffuse axonal shearing, focal brain damage to her right parietal lobe and temporal lobe resulting from intercranial infarcts (i.e. strokes), and subdural hematomas. Her orthopedic injuries included a compound fracture of her left humerus, rib fractures, and neck injury resulting in diminished range of motion.

Result

The plaintiff recovered $999,200 (the balance of a $1 million policy) from Berkowitz; $664,200 from Arata; and $4,125,000 from the County. Total Recovery: $5,788,400.

Other Information

The parties participated in mediation with Peter W. Alfert, Esq., Hinton Alfert & Sumner; and the Hon. William Bettinelli (Ret.), JAMS.