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CONFIDENTIAL

Feb. 18, 2006

Personal Injury
Dangerous Condition of Public Roadway
Wrongful Death

Confidential

Settlement –  $500,000

Court

Riverside Superior


Attorneys

Plaintiff

Jeffrey A. Milman
(Hodes Milman Ikuta LLP)

William Ballinger


Defendant

David J. Lopez


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


#81497

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