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Personal Injury
Dangerous Condition of Public Property
Motorcycle Accident

Carol Mason v. The County of Madera

Published: Jul. 19, 2008 | Result Date: May 14, 2008 | Filing Date: Jan. 1, 1900 |

Case number: SCV005407 Verdict –  Defense

Court

Madera Superior


Attorneys

Plaintiff

Alan Shapiro

Jerry Shapiro

David L. Blinn


Defendant

James D. Weakley
(Weakley & Arendt APC)

Michael R. Linden


Experts

Plaintiff

Michael S. Varat
(technical)

Dale R. Dunlap P.E.
(technical)

Defendant

Anthony Gomes
(technical)

Keith McKibben
(technical)

Facts

Plaintiff Carol Mason, 50, crashed after driving over a settled road patch on Road 415. The plaintiff subsequently sued Madera County.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff contended the patch was a dangerous condition of public property.

DEFENDANT'S CONTENTIONS:
The defendant contended the condition did not create a substantial risk of harm for drivers that properly exercised due care. The defendant further contended the settled patch did not cause the accident.

Damages

The plaintiff claimed $36,000 in lost wages and $50,000 for medical expenses.

Injuries

The plaintiff suffered a concussion and several bone fractures.

Result

The jury returned a verdict for the defense.

Deliberation

20 minutes

Poll

12-0

Length

five days


#92977

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