Facts

Nicole Davenport was driving west on Bakes Parkway in Lake Forest when she attempted a left turn and was struck by a vehicle operated by Jose Ramirez. Davenport sustained fatal injuries in the accident.

Davenport's parents sued Ramirez, the owners of his vehicle, and his employers. They also filed suit against the owners and maintainers of the property where the accident occurred, the City of Lake Forest, and the City of Irvine, and the County of Orange.

The Davenports alleged that Ramirez was negligent in the operation of his vehicle, and that the vehicle owners and the driver's employers were vicariously liable. They also alleged that the cities were negligent in the repair and maintenance of the location of the accident, creating a dangerous condition.

The City of Irvine was ultimately dismissed as it was determined it had no involvement in the matter.

The Davenports argued that the City and County created a dangerous condition of public property by allowing sight line insufficiencies with the eastbound traffic signal heads due to the road curvature and adjoining parkway trees. The City of Lake Forest argued that there was sufficient visibility and no substantial risk of harm when the road used with due care. The Davenports settled with Lake Forest for $60,000 before trial.

The Davenports also settled with one of Ramirez's employers for $15,000 on the day of trial.

The matter proceeded to trial against Ramirez only. The Davenports argued that Ramirez was negligent for speeding and running a red light at the intersection in question, causing the death.

Ramirez admitted liability.

Result

The jury awarded the Davenports $1 million in non-economic wrongful death damages. A net award of $825,000 was signed, taking into account the prior settlements.

Length

three days