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Personal Injury
Dangerous Condition of Public Property
Wrongful Death

Dianne Sully, Nicole Lexis Sully, Estate of Kenneth Charles Sully v. City of San Diego, Helen J. Farfan

Published: Jul. 30, 2011 | Result Date: Jun. 7, 2011 | Filing Date: Jan. 1, 1900 |

Case number: 37-2010-00087770-CU-PO-CTL Settlement –  $1,900,000

Court

San Diego Superior


Attorneys

Plaintiff

Benjamin C. Bunn


Defendant

Jan Goldsmith

Stepen Gentes


Facts

In April 2009, Kenneth Sully died following a crash with a vehicle that made a left turn in front of him while Sully was driving his motorcycle on the Pacific Coast Highway in San Diego. His family sued the City of San Diego and the defendant driver for wrongful death.

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiffs alleged that the intersection at which the accident occurred did not have a proper left-turn yield sign or a turn signal. Plaintiffs also argued that the accident was foreseeable given the extensive prior accident history and history of citizen complaints.

Damages

Plaintiffs sought $5 million.

Result

Defendant City of San Diego agreed to pay $1.8 million. Defendant Farfan paid her $15,000 policy limit. Plaintiff recovered $85,000 from the underinsured motorist coverage.


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