Facts

On Nov. 2, 2010, Jeff Mitchell was riding his bicycle on Sierra College Boulevard in Placer County, and fell. He filed lawsuit against the State of California's Dept. of Transportation (Caltrans) and Placer County.

The county moved for summary judgment and was dismissed.

PLAINTIFF'S CONTENTIONS:
Mitchell argued that he was going to make a right onto State Route 193 at an intersection, when his front tire was snagged by a gap between storm grates on the road, which caused him to be ejected from his bike. In particular, he alleged that the gap was a dangerous condition of public property, which Caltrans knew about but failed to fix. Plaintiff argued that the gap wasn't only 15-millimeters as Caltrans argued.

DEFENDANT'S CONTENTIONS:
The county argued that it didn't own the storm grates. Caltrans argued that the storm grates doesn't really cause a substantial risk of harm when the property is used with an appropriate amount of care, and noted that no investigation of the scene of the accident ever occurred. Further, Caltrans asserted that the gap between the storm grates could have only been 15-millimeters at most, whereas plaintiff's tire rim was 25-millimeters, such that his bike couldn't have gone through the grates as claimed.

Settlement Discussions

Mitchell demanded $100,000 under CCP Section 98 and the defense offered $5,000.

Damages

Mitchell requested $13,941, which amounted to $4,325 in dental costs, $2,242 in medical costs, $210 in damages to his helmet and bike tire, $2,164 in lost earnings and $5,000 for expected future dental costs. Plaintiff also asked the jury for $124,750 in non-economic damages.

Injuries

Plaintiff suffered a fractured tooth and a rash.

Result

The jury found in favor of Caltrans.

Deliberation

five hours

Length

five days