Facts

On Sept. 25, 2009, plaintiff Jessica Jeanes, 13, was riding as a passenger on a motorcycle driven by her stepfather plaintiff Clifford Pleggenkuhle who was traveling northbound on Lincoln Boulevard approaching the intersection of Manchester Avenue, in the City of Los Angeles. Pleggenkuhle entered the intersection on a fresh green light when the adverse driver, defendant Alberto Garcia traveling southbound on Lincoln Boulevard attempted to negotiate a left turn from southbound Lincoln Boulevard to eastbound Manchester Avenue. Garcia struck the motorcycle resulting in both plaintiffs' sustaining severe injuries.

PLAINTIFF'S CONTENTIONS:
Plaintiffs contended that Garcia failed to yield to the right of way and made an unsafe left turn.

Plaintiffs further contented that the intersection had a long history of accidents in which left turning southbound vehicles had collided with northbound vehicles attempting to pass through the intersection. The number of accidents established that a clearly dangerous/trap condition had existed for years.

As Lincoln Boulevard is a State highway and Manchester Avenue a City street both the City of Los Angeles and State of California had concurrent jurisdiction over the intersection even though the final authority for the intersection rests with the State of California.

Discovery confirmed that both the State and City defendants' written guidelines mandated that the phasing of the traffic signals for southbound vehicles be changed from "protected/permissive" (i.e. green arrow/yellow arrow/green ball) to "protected" only (i.e. green arrow/yellow arrow/red arrow) based on the number of prior left turn accidents. Plaintiffs contended that this change of phasing should have been implemented and that a "protective permissive phasing" encourages drivers to execute left turns on a green ball when they should yield to oncoming traffic, whereas a protected only phasing with a yellow arrow turning to a red arrow largely eliminates such movements and the predictable accidents that result.

DEFENDANTS' CONTENTIONS:
Defendants contended the subject intersection, Lincoln Boulevard and Manchester Avenue was owned and controlled by the State of California. Defendants further contended the City of Los Angeles was responsible for the maintenance of the traffic signal, and patrolled and wrote accident reports for collisions that occurred in the area. The State claimed that the City failed to notify it of the occurrence of a number of traffic accidents because the investigating police officers failed to note that Lincoln Boulevard is a State highway.

Damages

Jeanes' claimed $440,017 for past medical costs, reduced to $76,786. She further sought a future loss of earnings of between $300,000 to 400,000. Pleggenkuhle claimed that he is unable to work as a mechanic anymore because of the loss of his left leg, and had a claim for $115,000 in lost earnings and a substantial claim for future loss of earnings. He also has a claim for $500,000 in future medical care.

Injuries

Jeanes suffered a degloving injury to her left foot and other injuries to her left lower extremity. After numerous surgical procedures, she is left with a deformity of her left foot, which precludes her from walking without a special supportive shoe, and prevents her from engaging in virtually all sports or other activities. She sustained fractures of the tibia and fibula of the left leg, displacement of the bones in her foot and a massive degloving of the skin of the left foot. A muscle was removed from the right side of her back and grafted onto her left foot in an effort to reconstruct it. She claimed a permanent loss of mobility because of the damage to the foot. Clifford Pleggenkuhle was 38 years old at the time of the accident and worked as an aviation mechanic for Kim Davidson Aviation at Santa Monica Airport. Mr. Pleggenkuhle now wears a prosthesis.

Result

The case settled for $1,799,998 (combined settlement). Jessica Jeanes' claim was settled for $949,999. Of the total settlement, $499,999 was paid by State of California Department of Transportation; $250,000 was paid by City of Los Angeles; $100,000 (policy limits) was paid by Alberto Garcia; $15,000 (policy limits) was paid by Clifford Pleggenkuhle and additional $85,000 was contributed by Clifford Pleggenkuhle from his settlement proceeds. Clifford Pleggenkuhle's claim was settled for $849,999. Of the total settlement, $499,999 was paid by State of California Department of Transportation; $250,000 was paid by City of Los Angeles and $100,000 was paid by Alberto Garcia.

Other Information

MEDIATOR: Michael Moorehead, Esq., Judicate West. INSURER: State of California Department of Transportation, self insured; City of Los Angeles, self insured; Wawanesa Insurance for Alberto Garcia; Progressive Insurance for Clifford Pleggenkhule.