Richard Garcia Tafolla v. County of San Luis Obispo
Published: Oct. 20, 2023 | Result Date: Aug. 25, 2023 | Filing Date: Apr. 1, 2021 |Case number: 21CVP-0086 Settlement – $39,100,000
Court
San Luis Obispo County Superior Court
Attorneys
Plaintiff
Steven R. Vartazarian
(The Vartazarian Law Firm APC)
Matthew J. Whibley
(The Vartazarian Law Firm APC)
Ronald M. Papell
(Law Offices of Ronald M. Papell)
Defendant
Michael E. Jenkins
(Harrington, Foxx, Dubrow & Canter LLP)
Douglas C. Smith
(Smith Law Offices LLP)
Facts
On Oct. 14, 2020, plaintiff Richard Garcia-Tafolla, aged 31, was commuting to work on his motorcycle in San Luis Obispo County. He suffered severe injuries when a poorly maintained Eucalyptus tree fell onto the roadway, causing him to be ejected from his motorcycle. The responsibility for maintaining the tree was supposed to be shared between the adjacent landowners/occupiers and San Luis Obispo County.
Garcia-Tafolla filed a lawsuit against both the landowners/occupiers and the County.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff claimed that defendants negligently maintained trees adjacent to roadway.
Injuries
Plaintiff sustained multiple spinal fractures and became a partial quadriplegic.
Result
The landowners settled by paying their policy limit of $14.1 million, and the County settled for their policy limit of $25 million.
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