Keith Ranby Saul v. City of Yorba Linda, Yorba Linda Water District, et al.
Published: May 25, 2002 | Result Date: Apr. 9, 2002 | Filing Date: Jan. 1, 1900 |Case number: 00CC14623 Verdict – $5,216,890
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Linda S. Bauermeister
(Barber & Bauermeister)
Experts
Plaintiff
Harry J. Krueper Jr.
(technical)
Joel S. Rosen
(medical)
Gerry Aster
(technical)
Peter R. Francis Ph.D.
(technical)
A. Jubin Merati Ph.D.
(technical)
Defendant
Weston S. Pringle
(technical)
Jeffrey Wheeler
(technical)
Eric Deyerl P.E.
(technical)
Edward L. Workman
(technical)
Jon B. Landerville P.E.
(technical)
Robert W. Crommelin
(technical)
Thomas L. Hedge Jr., M.D.
(medical)
Theodore Vavoulis
(technical)
Louis Y. Cheng
(technical)
Facts
On Aug. 5, 2000, plaintiff was driving his 1964 Volkswagen Beetle through a public works construction zone on
Richfield Rd. in the city of Yorba Linda. The public works project, owned by the Yorba Linda Water District,
involved the installation of a new water main under the normally southbound lanes of Richfield. Albert W.
Davies Inc. was the contractor hired by the water district. Parsons Engineering Science Inc. was the
construction management company hired by the water district. Traffic Control Engineering Inc. was hired by
Albert W. Davies Inc. to prepare the traffic control plans for the project which were reviewed and approved by
the city of Yorba Linda.
On the night of Aug. 5, 2000, traffic was reduced on the normally four-lane roadway to two lanes in each
direction. North of Neff Ranch Rd., traffic was diverted to the normally northbound lanes of Richfield. South of
Neff Ranch Rd., the traffic lanes were intended to transition in a reverse curve over to the normally southbound
lanes of Richfield. Prior to Aug. 5, 2000, in preparation for its trenching operations, defendant Davies sawed
through a portion of the old roadway surface to mark the boundaries of the trench where the water main was to
be installed. After the saw cutting operation, Davies pulverized the asphalt in the trench zone, compacted it and
covered the trench zone with a temporary asphalt cap.
For three days prior to the plaintiffÆs accident, the temporary asphalt concrete was observed to be "raveling" (a
separation of the component parts of asphalt concrete, resulting from deficient materials or construction
practices). The raveling asphalt condition presented an unsatisfactory driving surface and the accumulation of
gravel and asphalt debris in the trench zone and the roadway. Prior to Aug. 5, 2000, nothing was done to either
correct the condition or provide any warning of the condition to motorists.
On the night of Aug. 5, 2000, as the plaintiff was driving south on Richfield, he entered the reverse curve
transition area just south of Neff Ranch Rd. As he was negotiating the reverse curve, he crossed over the trench
zone and the back end of his vehicle started to slide in a counterclockwise direction. He tried to correct the spin
of his vehicle by turning his steering wheel back to the right without any effect. The plaintiffÆs vehicle
continued its slide down Richfield ultimately colliding with an excavator parked by defendant Davies on the
east side of Richfield.
As the result of the accident, plaintiff suffered a C4-5 fracture and was rendered a
quadriplegic.
Settlement Discussions
Two mediation sessions were conducted before the Hon. James Jackman, retired, with the defendants unable to come up with any settlement offer. Post-mediation, the plaintiff settled with defendant Traffic Control Engineering for the sum of $245,000 and with defendant Parsons Engineering Science Inc. for the sum of $1.5 million. Post mediation and prior to trial, the plaintiffÆs settlement demand to defendants city of Yorba Linda, Yorba Linda Water District and Albert W. Davies Inc. was $10 million. No offers to settle were ever made by defendants city of Yorba Linda, Yorba Linda Water District or Albert W. Davies Inc.
Specials in Evidence
$1,321,121 $1,083,420 $5,849,738
Result
The jury determined that defendants city of Yorba Linda and the Yorba Linda Water District maintained a dangerous condition in the public roadway where the plaintiffÆs accident occurred and that the defendant contractor, Albert W. Davies Inc., was negligent. The jury further determined that the plaintiffÆs speed contributed as a cause of the accident and that he was negligent in failing to wear his available lap belt. Total damages: $11,485,895 ($6,345,895 economic; $5,140,000 non-economic).
Deliberation
two days
Poll
9-3 (as to defendants City of Yorba Linda and Yorba Linda Water District), 10-2 (as to defendant Albert Davies), 12-0 (as to comparative fault by the plaintiff)
Length
21 days
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