Facts

On Oct. 18, 2003, Saturday, at 4:30 p.m., plaintiff Alexandra Negri, 17,
was riding in the back seat of a 1998 Toyota pickup after eating at Denny's. Alexandra was sitting on the narrow back seat in the compact crew cab, John Farrington was sitting in the front passenger seat, and Joshua Reynolds was driving the pick up truck. Alexandra tried to put on a belt, but it wouldn't fasten for her so she left it undone.

In 2003, Temecula was a center of home building activity. Between the Farrington home and Denny's lay a large tract of raw land belonging to developer Ashby USA LLC. Known as the "Roripaugh Ranch," the Roripaugh family had owned the tract for many years, who used it for farming. Ashby USA had purchased the tract several years previously, holding it for the proper time for development. As it turned out, 2003 was the year and under a contract with sister company Ashby Financial Company Inc., mass grading began in anticipation of a housing development.

Ashby installed chain link fencing and gates at the three entrances to the property where vehicular traffic could enter and exit. Concrete "K-rail" was supposed to be placed as necessary to restrict vehicular traffic. Employees and agents of the Ashby USA and Ashby Financial, as well as grading subcontractor Ralph Mitzel Inc., were responsible for placing and maintaining the fencing as well as securing the access gates to exclude unauthorized traffic from the grading area. The property remained wide open for automobiles to travel. The signage was poor to non-existent.

The danger that grading on the open property presented was compounded for locals like Alexandra and her friends because the Roripaugh Ranch Roads had traditionally served as a shortcut in the community for traffic going into and out of town. On the day of the accident, the combination of open access and mass grading proved tragic.

Josh Reynolds, 19, turned onto the Roripaugh Ranch road shortcut that he had been driving since he was 16. Though he was very familiar with the shortcut, he had been living in Oregon during the past year and this was the first time he had driven the dirt road since returning home.

There were no posted signs warning against either trespassing or danger from construction activities. Josh proceeded along the dirt shortcut at 20 to 35 mph, his customary safe speed. John and Alexandra bumped along in the passenger seats.

When they were less than half mile from exiting the Roripaugh Ranch property, the truck crested a small hill at a location where the dirt road had always gone straight. The hill was gentle, but the crest was just tall enough to obscure what lay beyond. John was just finishing a cell phone conversation, Josh glanced at him and asked whom he'd been talking to.

The mass grading had changed the terrain just past the crest of the hill. Where once there had been a straight roadway, now there was a deep ditch. Josh hit the brakes and turned the steering wheel. The truck wheels locked and the Toyota skidded into the ditch, overturning at the bottom. Everything stopped. Josh and John were able to free themselves from the wreckage.

Alexandra Negri was trapped in the cab portion of the Toyota, lying on the roof section, "folded in two." Josh and John pulled her from the wreckage through a passenger side window. Alexandra was transported to a local hospital.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the defendants created a dangerous condition on their land but failed to warn or protect foreseeable users of the property from the unreasonable risk of harm posed by changes in terrain caused by mass grading activities.

The plaintiff also contended that the industry standards and practices as well as common sense required that the defendants prevent public access to a construction area where grading was ongoing following the doctrine that a landowner owes a duty to exercise reasonable care to maintain their property in such a manner to avoid exposing others to an unreasonable risk of injury. The failure to fulfill the duty is negligence.

The plaintiff contended that both landowner Ashby USA LLC and grading contractor Ashby Financial Co. Inc. owed a direct duty to warn or protect. Ralph Mitzel Inc. owed an adopted duty, since its employees took responsibility for maintaining and operating the fencing around the graded site.

The plaintiff further contended that since the defendants' negligence was a substantial factor in causing the accident in which the plaintiff was injured, they are liable for damages.

DEFENDANTS' CONTENTIONS:
The defendants contended that they were not negligent; that they were not a substantial factor in causing the accident and that the plaintiff's injuries are due to the conduct of others.

Specials in Evidence

$100,442. The plaintiff submitted a lifecare plan totaling $8,401,626.

Injuries

Josh and John both suffered relatively minor injuries. Alexandra sustained multiple traumatic injuries, including a severe burst fracture at L1 resulting in paraplegia. Because of the accident Alexandra will be wheelchair-bound for life.

Result

Settlement, $1,050,000.

Other Information

The case was mediated by Jeffrey Krivis of First Mediation.