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Personal Injury (Non-Vehicular)
Dangerous Condition of Public Property
Fall

Ronald Steven Lee v. State of California, et al.

Published: Oct. 7, 1995 | Result Date: Aug. 7, 1995 | Filing Date: Jan. 1, 1900 |

Case number: 107457 –  $1,714,000

Judge

Richard W. Abbe

Court

Ventura Superior


Attorneys

Plaintiff

Peter A. Goldenring


Defendant

Gerald A. Costello


Experts

Plaintiff

Rand Molnar
(technical)

Michael S. Adams
(technical)

Robert O'Halloren
(medical)

Ralph Nelson
(medical)

Ed J. Ruzak
(technical)

Terrance B. Dinneen
(technical)

Chester T. Frethiem
(medical)

Defendant

Thomas A. Boster
(technical)

William A. Anneman
(technical)

Edwin B. Gritters
(technical)

George M. Brinton
(technical)

Edward Nahabedian
(technical)

Edward L. Workman
(technical)

Chuck Karayan
(technical)

Robert W. Joe
(technical)

Robert B. Post Ph.D.
(technical)

Facts

Plaintiff Ronald Steven Lee was driving southbound on Route 101. He ran out of gas above Solimar Beach, prior to area being equipped with call-box installations. Plaintiff traversed down the side of the freeway embankment, down an oil field road, across and down the railroad tracks, and behind a guardrail. He then walked around the guardrail and fell into a 10-foot-deep concrete drainage culvert. Ownership of the culvert was disputed; the Court determined that it belonged to Defendant Caltrans.

Settlement Discussions

Plaintiff contends that Caltrans offered $200,000 pretrial; $500,000 during deliberations; and his demand was $800,000 plus costs. All of the offers and the demand were new money.

Specials in Evidence

$70,000 $400,000 $900,000

Injuries

Basilar skull fracture, orthopedic injuries to the left side, loss of hearing in the left ear, and alleged mild cognitive brain injury (disputed). Plaintiff underwent 5 orthopedic surgeries and one ear/nerve surgery; his residuals are orthopedic pain in the left leg and arm, left ear hearing impairment, equilibrium impairment, and mild cognitive deficit (disputed).

Other Information

A prior settlement of $80,000 was paid by Southern Pacific Transportation and $2,500 paid by the County of Ventura. This case was filed on August 7, 1989, five years, one month and two weeks prior to this result.

Deliberation

1 day

Poll

12-0

Length

8 days


#109111

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