Facts

On July 25, 2014, Michael Walker was riding his motorcycle northbound on Clinton Way in the City of Fresno when a tractor-trailer traveling from the opposite direction turned in his path at the intersection with Fine Ave., resulting in a collision between his motorcycle and the tractor-trailer. Walker died as a result.

Decedent's daughter and minor dependent sued the City of Fresno for dangerous condition of public property. They also sued the driver of the tractor-trailer, Joseph Fencil, and Jasvinder S. Chahal dba Chahal Trucking for negligence.

PLAINTIFF’S CONTENTIONS: Plaintiffs contended that the City of Fresno designed, constructed and maintained the intersection such that motorists could not see approaching vehicles turning ahead. Plaintiffs claimed this constituted a dangerous condition of public property. Plaintiff also claimed Fencil negligently operated the tractor-trailer so as to cause it to make contact with decedent’s motorcycle.

The police investigation report indicated the decedent was traveling at a minimum between 20 and 40 miles per hour in excess of the posted speed limit at the time of the incident.

DEFENDANT’S CONTENTIONS: The City of Fresno denied plaintiff’s allegations and asserted various affirmative defenses.

Result

Plaintiffs settled with Fencil and Chahal Trucking for $145,000. K.W. settled with the city for $15,000.