Facts

On Sept. 11, 2005, Pedro Panameno turned left onto Pearblossom Highway from southbound 47th Street East in the City of Palmdale. His pick up truck collided with a Ford SUV operated by Michael Smith.

Choctaw Contractors Inc. was performing construction work for the Palmdale Water District at the intersection. Blue Sky Remediation Services Inc. created the traffic safety plan for the project. City of Palmdale owned the property.

Plaintiffs filed suit against the City, the District, Choctaw, and Blue Sky.

PLAINTIFF'S CONTENTIONS:
Plaintiffs claimed that Panameno's vision was obscured by the construction cones and signage placed at the intersection and that the intersection constituted a dangerous condition of public property.

Plaintiffs argued that 48th Street should have been closed during the construction.

DEFENDANT'S CONTENTIONS:
Defendants contended that the intersection was safe when used with due care and that Panameno was the sole causes of the collision.

The City contended that it was the duty of the contractor and the District to oversee the day-to-day management of the construction site and, if there was any visual obstruction, it was their duty to have remedied the situation.

Settlement Discussions

Plaintiffs demanded $20 million prior to trial. Defendants offered $5 million.

Specials in Evidence

$1,034,751 $12,326,389

Injuries

Michael Smith was rendered a quadriplegic in the accident.

Result

During trial, the case settled for $13.5 million ($5 million from Choctaw; $4.5 million from the City; $2 million from the District; $2 million from Blue Sky).

Other Information

The case was from transferred from L.A. Superior Lancaster to L.A. Superior Central. JUDGES: Hon. Brian C. Yep, L.A. Superior Lancaster. Hon. Victor E. Chavez, L.A. Superior Central.