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Personal Injury
Dangerous Condition of Public Property
Auto v. Bicycle

Amador L. Corona Jr. v. City of Riverside, Andrew Lucas Kreuer

Published: Oct. 13, 2017 | Result Date: Aug. 29, 2017 | Filing Date: Dec. 7, 2015 |

Case number: RIC1514353 Bench Decision –  Nonsuit

Courthouse

Riverside County Superior Court - Riverside Historic Courthouse


Attorneys

Plaintiff

Scott E. Schutzman
(Law Office of Scott E. Schutzman)

Amador L. Corona
(Law Office of Amador L. Corona)


Defendant

Rebecca L. McKee-Reimbold
(Office of the Riverside County City Attorney) for City of Riverside

Wendy L. Wilcox
for City of Riverside


Facts

Plaintiff Amador Corona Jr. filed suit against the City of Riverside and Andrew Kreuer, after he was struck by a car driven by defendant in Riverside.

Contentions

PLAINTIFF'S CONTENTIONS: On Dec. 29, 2014, plaintiff claimed he was riding his bicycle south on Central Ave. while crossing the intersection with Phoenix Ave. when he was struck by a 1997 Toyota Corolla being driven by Kreuer.

Plaintiff contended that the intersection was dangerous because it did not have sensors in the pavement capable of detecting bicyclists and that the traffic signal timing was too short for bicyclists to cross in the intersection.

DEFENDANT'S CONTENTIONS: The City of Riverside contended that the incident did not occur in the intersection, but rather in the number one lane for westbound Central approximately 65 feet east of the intersection as plaintiff rode on the wrong side of Central Ave. against traffic and attempted to cross Central mid-block.

The city filed several motions in limine, which were granted, precluding plaintiff from arguing that bicycle loop detectors or traffic signal timing caused or contributed to this collision occurring. The court found that as a matter of law they were not required at this intersection before this collision occurred.

Specials in Evidence

$1,000,000 $1,000,000 $1,000,000 $10,000,000

Damages

$30,000,000

Injuries

Plaintiff suffered traumatic brain injury, broken bones, lacerated brachial artery, difficulty walking, and difficulty with speech.

Result

After plaintiff's opening statement, the City of Riverside moved for nonsuit, which was granted.


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