Steven Sam Smith v. Mariko Cervantes, Patrick Cervantes, Southern California Edison Company, and Does 1 through 100, inclusive, and all related cross-actions
Published: Aug. 20, 2016 | Result Date: Jul. 14, 2016 | Filing Date: Jan. 1, 1900 |Case number: BC537178 Settlement – $50,000
Court
L.A. Superior Central
Attorneys
Plaintiff
Patrick S. Nolan
(DeWitt, Algorri & Algorri)
Ernest P. Algorri
(Dewitt, Algorri & Algorri)
Sam S. Soleimany
(DeWitt, Algorri & Algorri)
Defendant
John H. Horwitz
(Schaffer Lax McNaughton & Chen)
Carla M. Blanc
(Southern California Edison)
Facts
Plaintiff sued defendants following a collision between his motorcycle and a vehicle driven by Mariko Cervantes that occurred on Jan. 9, 2014. Cervantes was traveling southbound and plaintiff was traveling northbound.
Southern California Edison filed a cross-complaint against International Line Builders Inc.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that Cervantes struck him when she failed to yield to him as she was making a left turn. He claimed that Southern California Edison and International Line Builders were also liable because of their negligence in maintaining a job site and property adjacent to the collision site. Specifically, he claimed that their negligence arose from the closure of several of the southbound lanes because of construction work.
In his first amended complaint plaintiff asserted claims for negligence and premises liability.
DEFENDANTS' CONTENTIONS:
Southern California Edison and International Line Builders denied that they caused or contributed to the accident. They asserted that causation against them could not be proven because the Cervantes made an unsafe left turn into oncoming traffic, striking plaintiff.
Result
Plaintiff settled with Southern California Edison and International Line Builders for $50,000.
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