Facts

Michael Thiry and Karen Thiry sued the State of California and Ibrahim Aldridge.

PLAINTIFF'S CONTENTIONS:
Plaintiffs alleged Aldridge was driving on a highway, at a time when it had been raining heavily for two days, and lost control of his vehicle when he drove into standing water that had flooded the roadway. Plaintiffs contended that Aldridge's vehicle hydroplaned cross the median, an 1,100 ft. opening due to left turn pockets, and crashed into Michael Thiry's truck, which then forced Michael's truck to crash into an emergency call box. Plaintiffs alleged that, in addition to Aldridge's negligence, the state created and maintained a dangerous condition where the highway flooded, because it knew that the area was often subject to flooding, due in part to the condition of adjacent property, but failed to remedy the condition and failed to warn the public of the unsafe condition. Plaintiffs argued that documents showed that the state was aware of flooding at the location but did nothing to remedy the conditions that caused the flooding or warn the public.

DEFENDANT'S CONTENTIONS:
Aldridge argued that the accident was caused by the state's failure to warn of a dangerous condition. The state argued that it had no notice of frequent flooding.

The state also argued that the roadway was not dangerous because there was no wet weather accident history at the location, and that Aldridge's driving at an unsafe speed in the rain caused the accident.

Damages

Michael Thiry claimed he suffered $4,020,000 in damages from past and future medical costs and past and future loss of earnings. The state did not contest the physical injuries, but contended the loss of earning capacity claim was substantially less that plaintiffs claimed. Plaintiffs sought damages for past and future pain and suffering. Karen Thiry claimed loss of consortium.

Injuries

Michael Thiry claimed that as a result of the accident he suffered lower extremity fractures to his legs, ankles, and feet, requiring multiple surgeries. Thiry claimed residual pain and disability from his occupation as an auto mechanic.

Result

The parties settled the case for a total of $5,265,000. Aldridge agreed to pay his policy limits of $15,000 and the state agreed to pay $5,250,000.