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Personal Injury
Premises Liability
Dangerous Condition of Public Property

Steven Kennedy v. City of Fresno; Michael Bravo and Does 1 to 25, Inclusive

Published: Dec. 15, 2017 | Result Date: Nov. 1, 2017 | Filing Date: Aug. 11, 2014 |

Case number: 14CECG02334 Verdict –  Defense

Judge

Mark W. Snauffer

Court

Fresno County Superior Court


Attorneys

Plaintiff

Adam B. Stirrup
(Baradat & Paboojian Inc.)

Warren R. Paboojian
(Baradat & Paboojian Inc.)


Defendant

K. Poncho Lee Baker
(Klein DeNatale Goldner) for City of Fresno

William A. Bruce
(Klein DeNatale Goldner) for City of Fresno


Facts

Plaintiff Steven Kennedy was heading through an intersection on his motorcycle when defendant Michael Bravo made a U-turn. Kennedy struck Bravo's car and flew off his motorcycle, hitting a pole. Eventually, the insurance company for Bravo settled with Kennedy.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff claimed Bravo drove his car negligently. Further, the condition of the intersection was dangerous to the public having to do with lots of foot and vehicle traffic.

DEFENDANTS' CONTENTIONS: Defendant contended the intersection did not create a dangerous condition. The city contended that the party at fault was Bravo.

Damages

Kennedy argued he could no longer make the same income he had been making as a worker at an oil field.

Injuries

Leg and elbow injuries. Specifically, Kennedy's leg had to be partially amputated. His elbow also required surgery multiple times.

Result

The jury found in favor of the defense.


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