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Personal Injury
Auto v. Truck
Dangerous Condition of Public Property

Juan Knapp, a minor, by and through his co-guardians and co-conservators, Anita Molinar, Benton Knapp v. State of California, Dept. of Transportation

Published: Dec. 2, 2003 | Result Date: Aug. 26, 2003 | Filing Date: Jan. 1, 1900 |

Case number: CVP0010000531 Verdict –  $0

Judge

Philip Schaefer

Robert F. Kaster

Court

Siskiyou Superior


Attorneys

Plaintiff

Steven R. Enochian
(Low McKinley Baleria & Salenko LLP)


Defendant

Richard J. Mitchell

Richard D. Birdsall


Experts

Plaintiff

Dale H. Fietz
(technical)

Thomas G. Schultz
(technical)

Allan D. Shonkoff
(medical)

Kevin D. Harrington
(medical)

Garreth Dale Perrine
(technical)

Defendant

Dale TenBroeck
(technical)

John Garton
(technical)

Kenneth C. Berner
(technical)

Facts

On April 7, 2000, Juan Knapp, a 15-year-old student, was traveling with his family southbound on State Route 89, when his sister, driving on a permit, drifted off the roadway and lost control of the vehicle. The vehicle crossed into the northbound traffic lane and was hit by a pick-up truck. Juan Knapp was the sole survivor. Knapp, through his co-guardians and co-conservators, sued Caltrans, alleging that a pavement defect on the highway created a visual hazard, which caused the accident. The state contended that the loss of control was the result of driving inattention.

Settlement Discussions

The plaintiff demanded $495,000; the defendant offered $40,000.

Specials in Evidence

$465,000

Injuries

Knapp suffered from a closed head injury, an open-book fracture of the pelvis, multiple leg fractures requiring rodding and pinning, nerve damage in the lower leg and foot, residual limping and the need for hip replacement in the future.

Result

Defense verdict

Deliberation

25 minutes

Length

nine days


#118677

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