Facts

Dean Mermell was operating his motorcycle on Interstate 280 in San Mateo County when a Toyota Prius broke hard and swerved directly into Mermell's lane in order to avoid a deer. Mermell attempted to stop, but could not avoid the collision. He and his passenger were ejected from the motorcycle, causing serious injuries. Mermell sued the Dept. of transportation (Caltrans) for failing to maintain the roadway, creating a dangerous condition.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the fencing along the highway was falling down, non-existent, or had huge gaps, which provided no barrier to the deer that could wander along the roadway. Plaintiff also contended that there was evidence that accidents cluster in the areas where the fencing was not maintained.

DEFENDANT'S CONTENTIONS:
Defendant contended that roadway fences were not deer fencing. Defendant also contended that the collision was caused by plaintiff's inattention to the conditions of the roadway environment.

Damages

Mermell demanded $4.7 million in damages.

Injuries

Mermell shattered his right femur, completely dislocated his left hip, and devastated his left shoulder. He underwent numerous surgeries on his legs and arm, and ultimately received a prosthetic shoulder. He continued to struggle from his injuries and was in constant pain.

Result

The jury returned a defense verdict.

Deliberation

one day

Poll

12-0 (defense)

Length

13 days