Facts

On January 23, 2013, pedestrian David Reed, 58, was struck and injured by a vehicle driven by Lisa Spencer as he was crossing through a marked crosswalk at the intersection of Mission Boulevard/Highway 1 and Van Ness Ave. in Santa Cruz.

Reed sued Spencer, the Santa Cruz Metropolitan Transit District, City of Santa Cruz, and the California Department of Transportation. Plaintiff later settled with Spencer and Santa Cruz Metro Transit District was dismissed on summary judgment.

PLAINTIFF'S CONTENTIONS:
Reed contended that Caltrans failed to install proper signs, symbols, lights and warnings, creating a dangerous condition of public property.

DEFENDANT'S CONTENTIONS:
Caltrans contended that the crosswalk was not a dangerous condition and that Spencer's distracted driving was the sole cause of the accident.

Settlement Discussions

Reed made a CCP Section 998 demand for $200,000 and Caltrans made a CCP Section 998 offer of $2,500.

Damages

The parties stipulated to medical expenses in excess of $400,000. Reed asked the jury for $750,000.

Injuries

Reed claimed compound fractures in his leg and ankle and underwent surgery via external fixation. He underwent physical therapy before returning to work.

Result

The jury returned a defense verdict, finding that Caltrans was not negligent.

Length

seven days