Mallory Anne Hart, Bret Sean Hartt, David Brooks Hartt v. County of Los Angeles, Rickey D. Miller
Published: Oct. 24, 2009 | Result Date: Jul. 28, 2009 | Filing Date: Jan. 1, 1900 |Case number: NC042592 Verdict – Defense
Court
L.A. Superior San Pedro
Attorneys
Plaintiff
Anthony A. Molino
(Molino & Berardino APLC)
Defendant
Tomas A. Guterres
(Collins Collins LLP)
Experts
Plaintiff
Richard Brownell
(technical)
Defendant
Richard Babington
(technical)
Keith A. Miller
(technical)
Facts
On March 24, 2008, Steven Hartt, a 64-year-old retired police officer, rode his bicycle in Deane Dana Friendship Park in San Pedro. Hartt was riding downhill on a service road in the park when he collided with a truck driven by Rickey Miller, a park employee, as Miller drove uphill on the road. Hartt died as a result of the injures he sustained in the collision. Hartt's widow and adult children sued Miller and County of Los Angeles.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiffs alleged that Miller operated the vehicle negligently, which resulted in Hartt's wrongful death. Further, they alleged that the county should be held vicariously liable for Miller's actions as well as be held liable for dangerous conditions in the park such as the poor conditions of park roads and high weeds, which impaired visibility.
DEFENDANTS' CONTENTIONS:
The defense asserted that Miller acted reasonably, while Hartt did not by failing to avoid the collision. Defendants contended that Miller had warned Hartt on previous occasions to slow down when riding down the hills.
Settlement Discussions
The plaintiffs demanded $1,200,000 and the defense offered $0.
Injuries
The injuries included death, cervical fracture, loss of consortium, paralysis, and stroke.
Result
The jury found in favor of the defense.
Deliberation
50 minutes
Poll
9-3
Length
five days
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