Matthew Newton v. State of California
Published: Sep. 9, 2000 | Result Date: Nov. 23, 1999 | Filing Date: Jan. 1, 1900 |Case number: 789858 Verdict – $350,000
Judge
Court
Orange Superior
Attorneys
Plaintiff
Edward J. Deason
(Law Offices of Edward J. Deason)
Defendant
David Adida
(Office of the Attorney General)
Experts
Plaintiff
Mark Kobayashi
(medical)
Joseph Thompson
(technical)
Facts
The plaintiff was traveling northbound on the 57 Freeway at night in the carpool lane when he struck a blacked-
out, low-profile construction trailer that blocked the carpool lane.
The plaintiff contended that defendant State of California had 14 minutes notice of the dangerous condition on
its property and failed to take precautions.
The defendant contended that its efforts to remedy the situation were reasonable given the number of officers
available to respond to it. The motorist who was towing the trailer which detached and came to rest in the
carpool lane settled in March 1999 for $102,000 ($100,000 policy limit and $2,000 out of pocket).
Injuries
The plaintiff suffered a shattered left arm, multiple facial fractures, loss of eight teeth, scars and was in a coma for seven days. The plaintiff anticipated having numerous surgeries in the future to mitigate damage incurred in accident.
Result
Before trial, CalTrans settled for $10,000; Brent Slama, (the motorist towing the trailer), settled for $102,000. During trial, defendant CHP settled for $350,000 and a default judgment against defendant Killinger Construction was entered for $443,545.
Deliberation
2.5 hours
Poll
12-0
Length
three weeks
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