Facts

David Evans, a career prosecutor with the Los Angeles County District Attorney's office, was riding his motorcycle eastbound on State Route 138 when an oncoming vehicle making an illegal, unsafe left tum at Mountain Road, struck him. Evans suffered catastrophic injuries as a result of the crash. Evans claimed that the "skewed intersection" at SR 138 and Mountain Road constituted a dangerous condition by causing vehicles turning left to routinely "cut the comer" in an attempt to "beat the gap" in front of oncoming vehicles. Evans claimed that pylons should have been installed by Caltrans to channel drivers into the intersection to prevent drivers from cutting the corner. There had been 10 prior accidents at the location and a citizen complaint was received 18 months prior to the accident.

David Evans sued John Beekley Lyons for negligence, and sued Caltrans for failing to protect against a dangerous condition at the intersection of SR 138 and Mountain Road Meredith Evans, also a career prosecutor with the Los Angeles County District Attorney's office, sued for her loss of consortium damages.

Injuries

David Evans suffered catastrophic injuries, including severe brain and spinal cord injuries, which now require 24-hour nursing care for the rest of his life. Meredith Evans was compelled to retire from the District Attorney's office in order to care for her husband.

Result

The jury found Lyons 85 percent responsible and Caltrans 15 percent responsible. The jury concluded that Caltrans failed to remedy the dangerous condition in failing to install pylons that would have prevented drivers from cutting the corner, and which Caltrans knew was posing a substantial risk of injury to others. The jury awarded a total of $31,580,276 to Plaintiffs, with David Evans allotted $27,830,276 and Meredith Evans allotted $3,750,000. Lyons settled before trial for $15 million and pursued a cross-complaint against Caltrans for indemnification.