Motorcyclist claims dangerous condition of county road. Defense verdict. San Diego County.
Summary
Motorcyclist settles with defendant driver but sues county for dangerous condition that blocked drivers' views of each other.
The Case
- Case Name: James Harold Lynch v. County of San Diego et al.
- Court and Case Number: San Diego Superior Court / 37-2020-00016745-CU-PO-CTL
- Date of Verdict or Judgment: Tuesday, November 05, 2024
- Date Action was Filed: Tuesday, May 26, 2020
- Type of Case: Dangerous Condition Public Property
- Judge or Arbitrator(s): Hon. Timothy B. Taylor
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Plaintiffs: James Harold Lynch
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Defendants: County of San Diego
- Type of Result: Jury Verdict
The Result
- Gross Verdict or Award: Defense verdict
- Trial or Arbitration Time: 5 days
- Jury Deliberation Time: 1 1/2 hours
- Jury Polls: 12-0
The Attorneys
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Attorney for the Plaintiff:
Gomez Trial Attorneys by John Gomez and Brian R. Mason, San Diego.
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Attorney for the Defendant:
San Diego Office Of County Counsel by Christopher J. Welsh and Sylvia S. Aceves, San Diego.
The Experts
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Plaintiff's Medical Expert(s):
William Tontz, Sr. M.D., orthopedic surgery.
John Hammes, M.D., nephrology.
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Defendant's Medical Expert(s):
None.
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Plaintiff's Technical Expert(s):
Allen Bourgeois, PE, traffic engineering.
Stephen Plourd, accident reconstruction and motorcycles.
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Defendant's Technical Expert(s):
Stephen Garets, motorcycles.
Timothy Long, accident reconstruction.
Facts and Background
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Facts and Background:
On the morning of July 6, 2019, plaintiff was riding his motorcycle southbound on Riverford Road in Lakeside. A black Ford Expedition SUV was directly in front of plaintiff. The SUV began moving to the right in preparation for making a right-hand turn onto North Woodside Avenue. At that same time, Jon Santich was driving his pickup truck eastbound on North Woodside Avenue. He stopped his truck at the stop sign on North Woodside Avenue. He was planning to turn left onto northbound Riverford Road. While at the stop sign, Mr. Santich saw the black SUV coming southbound – from Mr. Santich’s left – on Riverford Road. The SUV turned on its blinker to take a right onto North Woodside Avenue. Mr. Santich then looked right to check for traffic, turned back to his left, and saw the SUV begin to make its right-hand turn. Before the SUV cleared the intersection, Mr. Santich pulled out and began making a left onto Riverford Road. Plaintiff, driving his motorcycle closely behind the SUV, was hidden from Mr. Santich’s view by the SUV. As soon as Mr. Santich started his turn onto Riverford Road, he struck plaintiff’s motorcycle.
Prior to litigation, plaintiff settled his claim against defendant driver Santich for his insurance policy limit of $100,000.
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Plaintiff's Contentions:
That the County intersection was a dangerous condition because the bridge railing and foliage along the bridge railing blocked plaintiff and defendant driver Santich from seeing each other before plaintiff reached the intersection.
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Defendant's Contentions:
That the accident was caused by a combination of the pickup truck driver’s failure to sufficiently check the road to make sure there was no oncoming traffic before starting his turn into the intersection, and plaintiff’s decision to ride his motorcycle so close to the SUV in front of him. Driving so close behind the SUV caused plaintiff’s motorcycle to essentially be hidden from Mr. Santich’s view by the SUV and did not give plaintiff a safe cushion of space as he entered the intersection. The positioning of the three vehicles, not foliage along the nearby bridge railing or the railing itself, prevented plaintiff and Mr. Santich from seeing each other.
Injuries and Other Damages
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Physical Injuries claimed by Plaintiff:
Plaintiff, who was 56 at the time of the accident, was treated for spinal injuries, multiple fractures of his right leg and ribs, and a painful condition in his right leg where muscle pressure built to dangerous levels. The accident also caused an acute kidney injury and a breakdown of skeletal muscle. Plaintiff broke over 40 bones in his body in the collision.
Special Damages
- Special Damages Claimed - Past Medical: $1,377,218.46
- Special Damages Claimed - Future Medical: $1,100,000
- Special Damages Claimed - Past Lost Earnings: $236,556
- Special Damages Claimed - Future Lost Earnings: $452,015
Demands and Offers
- Plaintiff Final Demand before Trial: $4,184,731.02
- Defendant §998 Offer: $7,500 before trial