Facts

On May 18, 2019, Michael C. was riding his bicycle in the hills of Orange County in Aliso and Woods Canyons Wilderness Park in Laguna Beach, when he struck a temporary black and orange wire fence placed by the defendant across a bicycle path to contain goats doing fire suppression brush removal pursuant to a contract with the City of Laguna Beach. The fencing was camouflaged with the surrounding brush and not visible until plaintiff was right upon it on his bicycle.

PLAINTIFF'S CONTENTIONS: Plaintiff alleged that the temporary fencing constituted a concealed trap for users of the trail and that insofar as defendant controlled the property when and where the incident occurred, defendant was negligent. Plaintiff further alleged that insofar as plaintiff was participating in a recreational activity at the time of the incident, defendant increased the risk inherent in the sport of bicycle riding by recklessly placing the camouflaged fencing across the trail.

DEFENDANT'S CONTENTIONS: Defendant made no contentions as to liability, but tendered the policy limits in response for the demand for same. It was anticipated that Defendant would contest the nature and extent of plaintiffs' injuries and would contest the scope of future medical care that plaintiff would require.

Insurer

Liberty Mutual

Specials in Evidence

Meds: $42,000 Future Meds: $835,000

Injuries

Plaintiff sustained more than a dozen right rib fractures, which required surgery including plating and screws, as well as a scapular body fracture, which was treated conservatively. Kim C. asserted a claim for loss of consortium.

Result

The case settled for $1,000,000.