Facts

Michael McGraw sued Top Grade Construction Inc., the City of Hayward, the County of Alameda and the California Dept. of Transportation in connection with a motorcycle accident. The matter proceeded to trial against Top Grade and the city after the county and Caltrans were dismissed from the case. The city filed a cross-complaint against Top Grade in connection with the incident.

PLAINTIFF'S CONTENTIONS:
Plaintiff was riding his motorcycle along Route 238 in Hayward when he ran over two big potholes, one after the other. As a result, his motorcycle crashed, and plaintiff was thrown off his motorcycle. He sustained injuries as a result of the crash and sued defendants, alleging negligence in the repair and maintenance of the roadway and for creating a dangerous condition on a public property.

DEFENDANT/CROSS-PLAINTIFF'S CONTENTIONS:
The city filed a cross-complaint against co-defendant Top Grade, for contractual indemnity.

DEFENDANT'S

Settlement Discussions

McGraw demanded $1 million in settlement. A defendant offered to settle for $100,000, days before trial.

Injuries

McGraw claimed he sustained fractures to his left clavicle, left ankle, and ribs. He underwent surgery to repair his broken bones, which included a rib harvest and rib graft. McGraw claimed that his clavicle still had a gap despite the graft.

Result

The jury found defendants liable for the accident, and also attributed some fault to McGraw. In sum, the jury attributed 35 percent of fault to Top Grade, 35 percent to the city, and 30 percent to McGraw. It then awarded McGraw $550,362 in total damages, which included $330,362 in past medical expenses, $160,000 in past pain and suffering, and $60,000 in future pain and suffering. McGraw was entitled to $385,253 after the offset. The city recovered on its cross-complaint for indemnity, and received full indemnity as to the verdict for plaintiff. Therefore the city did not pay any money, and Top Grade paid all damages.

Other Information

In addition the City of Hayward recovered attorney fees and costs from cross-defendant Top Grade.

Deliberation

one day

Length

seven days