Facts

On June 30, 2011, plaintiff Ricardo Flores was riding his bicycle in a marked bicycle lane where the State of California was in the process of realigning a portion of the road. Flores hit a 2-inch high step in the bike lane, causing him to fall and fracture his wrist. Flores then filed suit against the State.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed defendants created the 2-inch step in the bike lane and opened the road for use without signs or cones to warn of the condition. An identical bicycle accident occurred at the same location, and that rider testified that there were no warning signs or cones, and that he could not tell there was a step in the bicycle lane until after he was thrown over his bike and separated his shoulder.

DEFENDANT'S CONTENTIONS:
The State argued that it put up signs to warn of the construction area, and that the condition was open and obvious.

Damages

Flores claimed $24,229.66 in medical costs.

Injuries

Flores fractured his left radius and ulna. He required an open reduction internal fixation surgery.

Result

The jury returned a verdict for the State, finding that there was a dangerous condition, but that the condition did not create a reasonably foreseeable risk that an incident like this would occur.

Deliberation

two hours

Poll

10-2

Length

six days