John Rodney McLauchlin v. County of Riverside
Published: Aug. 20, 2011 | Result Date: Aug. 11, 2010 | Filing Date: Jan. 1, 1900 |Case number: RIC425702 Bench Decision – $150,000
Court
Riverside Superior
Attorneys
Plaintiff
George M. Rosenberg
(ADR Services, Inc.)
Defendant
James A. Murphy
(Murphy, Pearson, Bradley & Feeney)
Christopher D. Lockwood
(Arias & Lockwood APLC)
Facts
On Oct. 12, 2004, John McLauchlin was riding his motorcycle on Bridge Street, which was being used as a detour of Gilman Springs Road, which was under construction, in Riverside County when he was injured in an accident at a curvature.
Contentions
PLAINTIFF'S CONTENTIONS:
McLauchlin and his wife filed suit against the County and its contractor Yeager Skanska Inc., as well as the civil engineering firm Lim & Nascimento Engineering Corp. ("LAN"), alleging the curve was a dangerous condition of public property, and that the County was negligent in designing and maintaining the detour. McLauchlin contended that Yeager was also negligent in constructing the detour, specifically the detour sign that blocked his view of the approaching curve.
DEFENDANT'S CONTENTIONS:
The County cross claimed against LAN and Yeager. Yeager subsequently obtained summary judgment.
Damages
McLauchlin sought damages of $338,000 in medical expenses, $100,000 in lost earnings, as well as $1 to $2 million in non-economic damages. McLauchlin's wife sought $750,000 for pain and suffering.
Result
Yeager Skanska, Inc., obtained summary judgment as to the plaintiffs' complaint. Plaintiff and LAN reached a settlement for $150,000. The County of Riverside settled with plaintiff during trial for $500,000 ($400,000 to plaintiff John McLauchlin, $100,000 to his wife for loss of consortium). Yeager and LAN then prevailed at the bifurcated trial on the County's cross-complaint for express contractual indemnity. That matter is currently on appeal.
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