Facts

On Nov. 22, 2011, Bob Thibadeau, 62 tripped and fell while jogging in Cupertino along the North Wolfe Road overcrossing of Interstate 280. Thibadeau subsequently sued the City of Cupertino and the State of California for dangerous condition of public property.

PLAINTIFF'S CONTENTIONS:
Thibadeau contended that defendants failed to repair and/or maintain the sidewalk, creating a dangerous condition.

DEFENDANTS' CONTENTIONS:
The state contended that liability rested with the City of Cupertino. The city brought an evidentiary sanctions motion, arguing that the state had a duty to inform the city of defects before the city had a duty to repair. The state contended plaintiff had run by the location many times, and was familiar with the location.

Settlement Discussions

Thibadeau made a CCP Section 998 demand for $399,999 and defense offered $75,000.

Injuries

Thibadeau was taken by ambulance to the hospital for treatment of a shoulder dislocation. He claimed he tore his rotator cuff and sustained a bony Bankart lesion to his left shoulder. He underwent two arthroscopic surgeries. He claimed he suffered pain and impaired range of motion to his left shoulder. Thibadeau testified he could no longer travel, write on a white board or work. Anticipating termination, he resigned from his employment, resulting in wage loss.

Result

The court granted the city's motion and it settled with Thibadeau prior to trial for $50,000. The jury determined that the state was 90 percent liable and Thibadeau 10 percent. It determined Thibadeau's damages totaled $1,772,227, consisting of $41,367 for past medical costs, $60,000 for future medical costs, $100,000 for past non-economic damages, $550,000 for future non-economic damages, $57,205 for past lost earnings and $963,705 for future lost earnings. After apportionment, Thibadeau's recovery was $1,594,004. Thibadeau's judgment and settlement was $1,694,791.60.

Other Information

FILING DATE: Oct. 25, 2012.

Deliberation

three days

Length

three weeks