Facts

On Aug. 6, 2006, Daniel Roybal, 22, crashed his vehicle into a wooden equestrian fence on San Dimas Avenue in San Dimas. One of the fence's rails pierced the driver's side door and into Daniel Roybal. He died in the accident. There had been several previous accidents involving the fence with one accident causing serious injury just 100 yards from Daniel Roybal's accident site. At the time of his death, Daniel Roybal had a blood alcohol level of 0.23.

Plaintiffs Bart Roybal, 49, and Cynthia Roybal, 47, filed suit against the defendant City of San Dimas for dangerous condition of public property and negligence.

PLAINTIFFS' CONTENTIONS:
The Roybals contended that the location of the fence constituted a dangerous condition of public property; and the dangerous condition of the fence caused decedent's premature death. The Roybals argued that the fence violated the standards promulgated by the California Department of Transportation and the American Association of State Highways and Transportation.

DEFENDANT'S CONTENTIONS:
City of San Dimas countered that it was the decedent's intoxication, which caused the accident and his premature death. As well, San Dimas argued that it was immune from suit as a government entity.

Damages

The Roybals sought unspecified damages for their son's wrongful death.

Injuries

The Roybals suffered the wrongful death of their son.

Result

The Roybals accepted a settlement of $500,000.

Other Information

California Joint Powers Insurance Authority was the insurer for San Dimas.