Facts

Plaintiff Jeremy Wright, a 30-year-old motorcycle mechanic, rode his motorcycle on April 6, 2006, on Interstate 580 in Oakland. He lost control of his motorcycle and crashed. Wright's motorcycle came to a stop 110 feet to the east of the under-crossing of San Pablo Road on the freeway. The plaintiff brought suit against defendant State of California alleging a dangerous condition on public property.

PLAINTIFF'S CONTENTION: The plaintiff claimed that potholes along the road created a dangerous condition. He alleged that the state knew of these conditions but did not act to repair or maintain the freeway.

DEFENDANT'S CONTENTIONS:
The defense claimed the potholes could not have caused the plaintiff to lose control of his motorcycle because the motorcycle was found too far away from the potholes.

Settlement Discussions

The plaintiff demanded $191,000 via C.C.P. Section 998. The defendant offered $50,000 via C.C.P. Section 998.

Specials in Evidence

Parties stipulated plaintiff's past medical bills at $41,314. $7,500.

Injuries

The plaintiff claimed a fractured right wrist that required a closed reduction procedure. A week after the accident, he underwent opened reduction and internal fixation that resulted in an increased risk for arthritis. The plaintiff also claimed pain, fatigue, scarring, numbness, and permanent limitations including inability to work or ride on motorcycles.

Result

A verdict was returned in favor of the defense. The jury found that the state did not have enough time to protect against the condition after receiving notice of the condition.

Other Information

Plaintiff's motions for a new trial and JNOV were denied.

Deliberation

four hours

Poll

12-0

Length

six days