Facts

Plaintiff Loren Branson was the belted passenger in a vehicle traveling on Hinkley Road in Barstow. The bridge crossing the Mojave River was washed out, and the vehicle drove off the bridge into the dry riverbed. California Highway Patrol found plaintiff James D. Schultz at fault for driving at unsafe speed.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the county provided insufficient warnings of the washed out bridge.

DEFENDANT'S CONTENTIONS:
Defendant contended its barriers and warnings were sufficient, especially because plaintiffs had accessed the closed road via unmarked dirt trails, and that driver's negligence was the cause of the incident. Defendant also argued that since plaintiff had been unemployed for years, no loss of earnings was appropriate.

Settlement Discussions

Plaintiff made a CCP 998 demand of $124,999. Defendant offered $30,000.

Specials in Evidence

$67,147 $60,918 $14,058 $6,649

Damages

Plaintiff sought loss of earnings.

Injuries

Plaintiff claimed soft tissue injuries, whiplash, and seatbelt burn.

Result

Verdict for plaintiffs. Branson was awarded $255,706. Plaintiff James Schultz was an uninsured driver, and recovered his full medical bills as well as loss of earnings and loss of property (truck) for a total of $141,228.

Other Information

FILING DATE: June 28, 2012.

Deliberation

four hours

Poll

12-0 (comparative liability)

Length

seven days