Anthony E. Santana, by and through his Guardian ad Litem, Jose Martinez v. Flor Callahan, State of California, and Does 1 through 30, inclusive
Published: Nov. 12, 2016 | Result Date: Oct. 13, 2016 | Filing Date: Jan. 1, 1900 |Case number: BC530971 Settlement – $2,500,000
Court
L.A. Superior Central
Attorneys
Plaintiff
Scott E. Boyer
(The Homampour Law Firm PC)
Arash Homampour
(The Homampour Law Firm PC)
David H. Greenberg
(Law Office of David H. Greenberg)
Defendant
Karen Park
(California Department of Transportation)
Eric Weisel
(California Department of Transportation)
Facts
On Nov. 18, 2012 plaintiff, a minor, was a passenger in a vehicle driven by his mother. As they were traveling westbound on the SR-118 freeway east of Laurel Canyon Blvd., they were involved in a collision that resulted in the death of plaintiff's mother. Plaintiff sued the driver of the other car, Flor Callahan, and the State of California.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that Callahan made an unsafe lane change into his lane of travel, causing plaintiff's mother to swerve their vehicle to the right. The front tires of plaintiff's vehicle struck a curb along the road's edge, causing the vehicle to launch and strike the guardrails. The vehicle overturned and became airborne until it landed on a raised vertical pole, killing plaintiff's mother and injuring plaintiff. He claimed that the State of California was liable because of the curb/guardrail/pole configuration, which was inherently dangerous and created a trap. Plaintiff asserted causes of action for negligence and statutory liability/dangerous condition of public property.
DEFENDANT'S CONTENTIONS:
The State of California, Department of Transportation, denied plaintiff's allegations. The State of California contended that the public property was not a dangerous condition and that Callahan's negligence was the sole cause of the collision.
Settlement Discussions
According to defense, plaintiff's initial demand was for $13 million.
Result
Plaintiff and the State of California settled through a mediator's proposal for $2.5 million.
Other Information
Plaintiff previously had settled with Callahan for $50,000.
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