Facts

Plaintiff Angela Macias fell off her bike in a camping area at Carpenteria State Beach when she was struck by a child riding another bike. The child suddenly entered the roadway from a pathway that intersects the roadway where plaintiff was riding, and fled the scene after the accident.

PLAINTIFF'S CONTENTIONS: Plaintiff alleged that a state maintenance truck parked in a red zone, in front of the restrooms just before a wheelchair ramp connecting the road to the path, blocked the view of both bicyclists and caused the accident.

DEFENDANT'S CONTENTIONS: Defendant contended that maintenance workers had routinely parked at the location of the accident for years to clean the bathrooms without incident, and that the red zone was not for safety purposes but to prevent park visitors from parking along the road and causing congestion. Defendant further contended that the parked maintenance truck did not cause plaintiff's accident.

Settlement Discussions

Defendant served plaintiff with a offer to compromise pursuant to CCP 998 in the amount of $35,000. Plaintiff served defendant with a CCP 998 offer in the amount of $800,000.

Damages

Plaintiff sought past medical expenses of $111,000 and in excess of $2 million for past and future pain and suffering.

Injuries

Plaintiff alleged that she suffered a loss of her sense of smell and some short-term memory loss as a result of her brain injury from the accident.

Result

Defense verdict.

Other Information

The case is currently pending a motion for judgment notwithstanding the verdict and a motion for new trial.