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Personal Injury (Vehicular)
Automobile Accident
Dangerous Condition of a Public Roadway

Coshanna Robertson v. State of California

Published: Aug. 2, 2001 | Result Date: Jun. 14, 2001 | Filing Date: Jan. 1, 1900 |

Case number: SCVSS59630 Verdict –  $0

Judge

Frank Gafkowski Jr.

Court

San Bernardino Superior


Attorneys

Plaintiff

Marsha G. Slough


Defendant

Todd T. Leung

Peter A. Saporito


Experts

Plaintiff

Arnold D. Purisch M.D.
(medical)

Harry J. Krueper Jr.
(technical)

Defendant

Edward A. Giroux
(technical)

Facts

On Dec. 5, 1998, the plaintiff was a passenger in a vehicle traveling a mountainous curve on State Route 18 in a
Suzuki Samurai in the San Bernardino Mountains. The roadway contained patches of ice on which Caltrans
put cinders earlier in the day. In addition, "Icy road" signs were in place on the roadÆs edge, the closest one to
the accident being 3/10 of a mile away. The plaintiffÆs vehicle entered the curve at approximately 40 mph and
was braking when it slid across the center lines and struck a Jeep head on.
The plaintiff brought this action based on negligence and dangerous condition theories of recovery.

Settlement Discussions

The plaintiff made a Code of Civil Procedure Section. 998 demand for $349,999. The defendant offered $10,000.

Specials in Evidence

$197,633 (by stipulation)

Injuries

The plaintiff suffered severe brain injuries and was in a coma for nine days. She suffered intracerebral hemorrhages and contusions, cerebral edema, right upper lobe collapse and cognitive disorder, as well as residual scarring, recurrent sinusitis, episodic tachycardia an

Other Information

The plaintiff did not sue the driver of her vehicle. The plaintiffÆs counsel asked the jury to award the plaintiff $3.6 million.

Deliberation

five hours

Poll

9-3 (no dangerous condition)

Length

eight days


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