Nanette Rose, Bob Rose, Braden Rose, et al. v. Foothill/Eastern Transportation Corridor Agency, State of California, Department of Transportation
Published: Jan. 4, 2001 | Result Date: Nov. 27, 2000 | Filing Date: Jan. 1, 1900 |Case number: 803074 Verdict – $173,500
Judge
Court
Orange Superior
Attorneys
Plaintiff
Douglas J. Hatchimonji
(Orange County Superior Court)
Defendant
Experts
Plaintiff
Harry J. Krueper Jr.
(technical)
James D. Pasino
(medical)
William A. Sherman II
(technical)
David Lagrew
(medical)
Robert Lloyd Anderson
(technical)
Stephan Romanski
(medical)
Richard J. Van Bruggen
(technical)
Defendant
Juan C. Felix
(medical)
Edward Nahabedian
(technical)
David Curtis
(technical)
Edward A. Giroux
(technical)
Harriet T. Cokely M.D.
(medical)
Michael P. Nageotte M.D.
(medical)
Facts
On Feb. 3, 2000, at approximately 10 a.m., plaintiff Nanette Rose was driving her vehicle with her 2-year-old
son, Braden, as passenger, northbound, in the number 1 lane, at approximately 55 mph, on State Route 241, 30
feet south of the Aliso Creek Bridge, in the unincorporated area near Mission Viejo. At the accident location,
northbound SR 241 is a three-lane asphalt paved roadway, with a paved right shoulder and a metal guardrail in
the center divider. The bridge is concrete paved and is bordered on both sides by raised concrete barriers. It
was raining heavily with poor visibility. She lost control of the vehicle, after the vehicleÆs rear swerved to the
right, then left and then right again, she applied both feet to the brakes. The vehicle then headed toward the
center median, struck the metal guard rail, then bounced off the metal guard rail, rolled several times and then
came to rest in the center of the bridge.
Specials in Evidence
$37,340 (Nanette Rose); $12,385 (Jacob Rose) deceased; $326,417 (Trevor Rose) surviving twin
Other Information
A good faith settlement was reached with defendant Mitcel Grading Company following an MSC in front of Tom Dillard.
Deliberation
4.5 days
Poll
9-3 (dangerous condition of public property), 11-1 (dangerous condition caused injuries other than premature delivery), 3-9 (dangerous condition did not caused premature delivery)
Length
18 days
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