Facts

In November 2003, plaintiff Fern LaRocca was riding in a vehicle driven by her friend defendant Kathleen Valadez. The defendant was driving in the rain when she lost control of the car. She went off the roadway and struck a large electronic signboard owned by defendant Diablo Contractors Inc. The plaintiff filed an action against defendant Valadez for negligent operation and defendants Diablo and defendant Caltrans for construction site negligence and dangerous condition of public property.

PLAINTIFFS' CONTENTIONS:
The plaintiff contended that defendant state of California created and maintained the dangerous condition by permitting defendant Diablo to place the unused signboard on the shoulder of the road. Further, defendant Diablo left the signboard outside of its storage area when it was not in use, which contributed to the danger. At the time of the accident, the signboard was next to a storage yard and was not signaling a message.

According to plaintiff's accident reconstruction expert, the signboard was approximately 11 feet from the road's shoulder. If it had not been there, plaintiff would have been able to safely maneuver her car back on the roadway. According to plaintiff's roadside safety expert, the signboard was dangerous to drivers when it was not in use. Another safety expert asserted that the signboard should have either been in storage or in a safer location.

DEFENDANTS' CONTENTIONS:
The defendant contended it was safe to place signboards in that location. According to the defense accident reconstruction expert, the signboard was safely located 17 feet from the shoulder. The defense traffic engineering experts asserted that the signboard was not dangerous to drivers, and it is custom in the industry for signboards to be placed in a single location during a highway project even if they are not in use.

Damages

The plaintiff sought an unspecified seven-figure demand to cover past and future medical costs. Her past and future earnings loss claim was for $800,000. She claimed an unspecified figure for pain and suffering. The plaintiff's husband claimed an unspecified amount for loss of consortium.

Injuries

The plaintiff suffered from an injury to her leg, which resulted in a below-the-knee surgical amputation. She also had a severe open and unstable pelvic fracture. As a result, plaintiff was hospitalized and underwent multiple surgeries. The defendants challenged the nature and extent of plaintiff's injuries and her future medical needs, as plaintiff was experiencing a smooth recovery. Defendants also contested the extent of plaintiff's wage loss.

Result

According to plaintiff, global settlement totaled $3,049,000, with contributions among the defendants apportioned as follows: Diablo, $2 million; Valadez, $1 million; and, the State of California, $49,000.