Case details
Bicyclist fell by riding in active work zone, defense argued
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
gravel shoulder, hip, right femur
FACTS
On July 18, 2012, plaintiff Lawrence Anderson, 68, retired, was riding his bicycle on Padaro Lane between Carpinteria and Summerland when he approached a construction project for the county of Santa Barbara, which involved the reconstruction and repaving of certain portions of the road. Anderson claimed that a county road worker standing on the paved portion of the road directed him to pass the site and prevented him from remaining on the paved roadway. Anderson claimed that when he rode his bicycle on the adjacent gravel shoulder, it gave way, causing him to fall and injure his right femur/ hip. Anderson sued the county and the Santa Barbara County Public Works. Anderson alleged that the defendants were negligent for creating a dangerous condition of public property. Anderson contended the county failed to set up a lane that allowed traffic to pass safely, which forced him onto the gravel and caused his fall. Thus, he contended that it was reasonably foreseeable that bicyclists would fall on the gravel shoulder. The county contended that there was no dangerous condition at the construction site and that the accident occurred because Anderson chose to ride his bicycle through an active road maintenance work zone, ignoring signs closing the road and directions to stop. It also contended that the work zone was set up in a reasonably safe manner and that Anderson’s own negligence caused the accident., Anderson sustained a fracture of the head of the right femur. County road workers provided first aid at the scene before Anderson’s wife transported him to a hospital, where Anderson was treated. He ultimately underwent internal fixation of the right femoral head. Thus, Anderson sought recovery of $385,872 in economic and non-economic damages.
COURT
Superior Court of Santa Barbara County, Santa Barbara, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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