Facts

On March 14, 2009, at 9:15 p.m., plaintiff Lam Sinh, 26, was driving his vehicle eastbound on E. 3rd Street near San Bernardino International Airport. Co-plaintiff Long Nguyen, 57, was a passenger on the front seat. Neither plaintiff had been drinking and both were utilizing seat belts.

Sinh intended to make a left turn at Sterling Avenue. Sinh alleged he had never driven on E. 3rd Street before the day of the accident. He testified that after turning onto eastbound E. 3rd Street from Tippecanoe Avenue, the roadway markings and particularly the double centerline were virtually non-existent due to lack of maintenance and street lighting. This confused him and as a consequence, when he was approximately 200 feet west of Sterling Avenue, he activated his left turn indicator, and then drove his vehicle into the opposing number 1 westbound lane, believing he was pulling into the left turn pocket. His vehicle collided head-on with a westbound vehicle that was traveling in the number 1 westbound lane.

Both plaintiffs were seriously injured and the Court refused to instruct the jury on passenger negligence.

PLAINTIFF'S CONTENTIONS:
Plaintiffs alleged that E. 3rd Street constituted a dangerous condition of public property within the meaning of Government Code sections 830 and 835 due to lack of maintenance, the City had allowed the double centerline, and other pavement markings, to lose their retro-reflectivity and become so faded as to make it difficult, if not impossible, for motorists to maintain control of their vehicles, and that the street curved in the approach to the intersection with Sterling Avenue and the curvature of the roadway was not visible due to inadequate street lighting and the absence of warning signs.

Plaintiffs alleged the City's employees were negligent in connection with the street maintenance and for failing to follow the mandatory standards promulgated in the Manual on Uniform Traffic Control Devices, The street had not been restriped in approximately 10 years.

Sinh alleged there was a cause and effect relationship between his inability to maintain his car within his side of the roadway and the faded roadway striping and inadequate lighting.

Plaintiffs offered proof of 25 prior vehicular accidents, including two collisions that resulted in fatalities, to corroborate their contention the roadway was dangerous.

DEFENDANT'S CONTENTIONS:
The City acknowledged that while the street striping and pavement markings were not retro-reflective, the street was last restriped in 2007 and in any event the striping was visible and served to provide adequate guidance to the motoring public.

The City also argued negligence could not be based on the failure to install street lighting pursuant to California law. Sinh was 100 percent responsible for the accident because he was not focused on his driving and allowed his car to drift into the opposing lanes of traffic by reason of inattention.

The City also contended its maintenance program was adequate, given its limited resources, and therefore its actions were reasonable within the meaning of Government Code section 835.4, even if the jury found the roadway constituted a dangerous condition. Lastly, City contended the 25 prior vehicular accidents was hardly proof of a dangerous roadway because approximately 40,000,000 vehicles had traveled through eastbound 3rd Street during the preceding five years and in context 25 accidents was minuscule.

Settlement Discussions

Nguyen made a CCP 998 demand of $2.1 million. Sinh made a CCP 998 demand of $134,999. The San Bernardino City Council authorized acceptance of Sinh's statutory offer to compromise, but before it could be communicated to his lawyer, Sinh withdrew it. Mediation was held on April 3, 2012 before the Hon. Sam Cianchetti. Nguyen's settlement demand was $2.5 million and Sinh's settlement demand was $400,000.

Specials in Evidence

$2.1 million (Nguyen); $85,000 (Sinh) $65,000 (Sinh).

Injuries

Nguyen suffered multiple fractures of the cervical and lumbar spine and the lower extremities. Sinh also suffered multiple fractures to his lower extremity

Result

Jury verdict for City of San Bernardino finding that no dangerous condition of public property pursuant to California Government Code Section 835 existed.

Other Information

Plaintiffs' motions for a new trial and judgment notwithstanding the verdict were both denied on July 5, 2012. FILING DATE: March 11, 2010 for Nguyen; March 15, 2012 for Sinh.

Deliberation

one day

Length

11 days