Darin John Readmond v. County of Los Angeles
Published: Jun. 28, 2008 | Result Date: Oct. 2, 2007 | Filing Date: Jan. 1, 1900 |Case number: MC017109 Settlement – $199,000
Court
L.A. Superior Lancaster
Attorneys
Plaintiff
Howard Blau
(Law Offices of Howard Blau APC)
Defendant
Facts
According to the defendant, on July 28, 2005, close to the intersection of Sierra Highway and Pearblossom Highway in the unincorporated area of defendant Los Angeles County, plaintiff Darin Readmond, a 38-year-old shoer of horses, collided head-on with defendant Angel Arambula's Ford F-150 truck. Readmond was in his Ford F150 driving south on Sierra Highway in the first lane of traffic, at which time defendant Angel Arambula, an unlicensed driver without insurance, struck the rear of the vehicle traveling ahead of his vehicle, then crossed the center divider line and collided into plaintiff's truck.
Defendant Arambula was never located for service of process.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that the defendant did not uphold maintenance of the roadway, causing the highway to become a dangerous condition. The plaintiff further contended that defendant did not install the required safety features, such as a median guardrail, that would prevent cross-over accidents.
Settlement Discussions
A demand of $199,000 was made to defendant county of Los Angeles.
Damages
According to the defendant, $100,600 was claimed in past medical expenses, and $25,000 for future medical expenses, $125,000 in lost earnings, and $600,000 in general damages were claimed.
Injuries
Plaintiff suffered a fractured left femur, which required surgery at Holy Cross Medical Center. A steel rod was placed into his left leg and fixated to the fractured bone, which is still in place at this time. Plaintiff was a patient at the Holy Cross for ten days subsequent to surgery and was kept under watch while receiving rehabilitation to allow him to ambulate. During rehabilitation, plaintiff suffered a blood clot in the leg, which caused him great pain. He then needed additional treatment and was informed that this was caused by the accident injury. After being released, he went back for treatment, which included x-rays and physical check-ups, to ensure that the damage that occurred was healing and to alleviate infection in the surgical area. Further, plaintiff received treatment for reoccurring pain and was told that the pain would continue for an unknown amount of time but might lessen after surgical appliances were removed. Plaintiff requires further surgery to remove the rod. Plaintiff's work required much physical activity and he was engaged in athletic activities.
Result
A settlement agreement of $199,000 was awarded.
Other Information
According to the county, another accident, although dissimilar, occurred near the location of this incident in December 2001. This incident formed the basis for the Robianes v. County cause of action. Following a settlement in Robianes and prior to the date of Readmond's accident, defendant county of Los Angeles made changes to the roadway and placed a speed limit sign on south Sierra Highway. The curve at issue was marked with speed advisory signs and warnings in each direction.
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