Confidential
Settlement – $500,000Court
Riverside Superior
Attorneys
Plaintiff
Jeffrey A. Milman
(Hodes Milman Ikuta LLP)
Defendant
Experts
Plaintiff
Geoffrey A. Smith
(medical)
Harry J. Krueper Jr.
(technical)
Defendant
Kenneth C. Berner
(technical)
Ron Nelson
(technical)
Thomas A. Boster
(technical)
Facts
On July 1, 2001, a head-on collision occurred in broad daylight at the intersection of Highway 79 and Highway 371 in Aguana. As a result of the collision, the plaintiff's mother was killed. Additionally, plaintiff Desiree Anaya sustained minor cosmetic injuries. The plaintiffs in this case were Desiree Anaya, Lisa Anaya, and Jamie Anaya.
Contentions
PLAINTIFFS' CONTENTIONS:
The plaintiffs claim that as far back as 1992 CalTrans noted this to be a "dangerous intersection." A project was initially worked up and approved as of 1998 to change the configuration of the intersection to a T intersection to form a 90-degree angle at Highway 79. A second proposed design was a modified T intersection.
The plaintiffs claim that at the time of the incident, CalTrans had yet to commence construction on the roadway. The plaintiffs claim that the roadway was in a dangerous condition and that modification should have been instituted on a temporary measure including box botts as well as a large flashing red light at the stop sign to alert traffic of an improperly placed stop sign.
The plaintiffs claim that a number of drivers had previously run the stop sign including eight head-on collisions within a three-year period.
Medical charges total $17,000. Loss of household services alleged was $318,000.
DEFENDANTS' CONTENTIONS:
The defendants denied that the intersection in question was dangerous. They claimed that there had not been prior similar collisions and that the sole cause of the accident was the driver of the subject vehicle running the stop sign in broad daylight.
Damages
Wrongful Death.
Injuries
Wrongful death.
Result
$500,000 settlement.
Other Information
PLEASE PROVIDE THE SETTLEMENT DATE
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390