Facts

On Feb. 12, 2010, plaintiff's decedent Ashley Henderson, 16, a high school sophomore, was stopped on her bicycle with her foot down on the ground and was waiting to cross SR 132 at the intersection at Western Avenue in Waterford when she was struck by a vehicle operated by Jerry Tarry. Tarry was employed by Orsetti Seed Company and was traveling westbound on SR 132. Ashley subsequently died.

Plaintiff Vanzy Kalanta, Ashley's mother, sued Tarry for motor vehicle negligence and Orsetti Seed Company for vicarious liability. Plaintiff also sued the City of Waterford and the State of California, for the alleged dangerous condition of the intersection.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that Ashley was in the crosswalk on her bike waiting to cross. Plaintiff claimed that Tarry was traveling over the speed limit and did not slow until moments before the impact. Plaintiff claimed that from 2006 to 2009 the City told the California Department of Transportation (Caltrans) about the hazards at this intersection, which is in the vicinity of a school, and asked the State to put an illuminated crosswalk in the area, correct the drainage problems in the intersection, improve the lighting, install better signage, and a traffic light, but the State failed to respond. Plaintiff claimed that in its request, the City stated that the location is "by far the most dangerous and hazardous intersection" in the City.

DEFENDANTS' CONTENTIONS:
The State of California contended the location did not constitute a dangerous condition of public property. Specifically, there had been only one other collision between a bicyclist and a motor vehicle within the subject crosswalk in the previous 10 years with over 36 million vehicles passing through the location as the intersection was configured at the time of the collision. The State also contended the location conformed with all applicable standards in effect at the time of the collision, including those warning of the crosswalk. Moreover, the State contended the improvements suggested by Plaintiff were not relevant because the only would tend to show how to improve the location not whether or not the location actually constituted a dangerous condition at the time of the collision.

The State further contended, based on witness testimony, Ashley Henderson had not stopped prior to crossing the street and darted out in front of Tarry without yielding the right of way to through traffic as she was required since she was bicyclist, not a pedestrian.

The defense contended that Ashley was illegally riding her bike northbound in the crosswalk against the flow of traffic and that she darted out in front of Tarry. Tarry contended that he never had a chance to see Ashley before the collision and that Ashley was not wearing a helmet.

Result

Settlement in the amount of $1,850,000.