Facts

The 19-year old decedent sustained a fatal head injury when he was struck by a train along the Del Mar Bluffs in north San Diego County. The area is commonly used for access to the beach, as a viewing point for the ocean, and for other recreational activities.

PLAINTIFF'S CONTENTIONS: Plaintiff alleged that the railroad's right of way constituted a dangerous condition because of pervasive trespassing due to the absence of any fencing, insufficient signage, and inadequate enforcement of trespassing violations. Plaintiff argued that these conditions effectively invited trespassers onto the Bluffs and presented the jury with statics showing large numbers of trespassers, as well as trespasser deaths, injuries, and "near misses" at the location.

DEFENDANT'S CONTENTIONS: Defendant contended that while trespassing was common on the Bluffs, the area did not constitute a dangerous condition because it could be used safely as long as trespassers acted with reasonable care to avoid injury.

Settlement Discussions

Plaintiff made a CCP 998 offer to settle for $449,000 a year before the trial date.

Damages

Plaintiff's last demand at mediation was $10 million and asked the jury for $38 million in closing.

Injuries

Plaintiff claimed wrongful death.

Result

Defense verdict.

Deliberation

30 minutes

Poll

11-1

Length

two weeks