Case details

Bicyclists claimed road defect caused multiple crashes

SUMMARY

$1300000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
brain, brain injury, carpal tunnel syndrome, cervical, cervical elbow, concussion, disfigurement, face, fracture, fusion, head, herniated disc, knee, neck, nose, right shoulder, scar, shoulder, wrist, wrists
FACTS
On Oct. 2, 2011, plaintiff Andrea Astudillo, 35, a human resources representative, participated in the Tour de Poway, an organized bike riding event held throughout San Diego County. At approximately 1 p.m., while riding on Del Mar Heights Road within the event route, Astudillo struck an asphalt bump spanning the width of the bike lane, causing her and a cyclist behind her to crash. Astudillo sustained multiple bodily and a concussion. Following the incident, local police, firefighters and paramedics arrived on the scene. The police investigated the incident and talked to eyewitnesses, including other cyclists and passersby. The scene was then cleared and the event continued. Less than an hour later, a group of five cyclists approached the same area, including plaintiff Sabine Rentschar, 40, an eyewear company executive, who struck the same speed bump and crashed, as did plaintiff Ootsen Eastburn, 61, an administrative assistant, who claimed she either struck the bump or crashed trying to avoid Rentschar. Rentschar claimed she suffered a concussion and road rash to her face and limbs. Eastburn also suffered road rash and claimed she injured her right shoulder, neck and both wrists. Astudillo sued the city of San Diego; the organizer of the Tour de Poway, Cycling Promotions West Inc.; and the company that allegedly performed trenching work in the subject area/bike lane, San Diego Gas and Electric Co. Eastburn and Rentschar filed their own separate actions against the city, Cycling Promotions West, and San Diego Gas and Electric. The matters were ultimately were consolidated. Plaintiffs’ counsel asserted that the subject asphalt bump constituted a dangerous condition of public property. They contended that a similar crash occurred in May 2011, which alerted city personnel to the dangerous condition, but that nothing was done to repair the defect. Counsel for Rentschar and Eastburn asserted that the city and Cycling Promotions West had notice of the dangerous condition immediately after Astudillo’s crash, but that they failed to take any action in placing warning signs or other indicators of the subject bump. Furthermore, plaintiffs’ counsel asserted that SDGE performed shoddy work in the area, causing the bump/road defect. Cycling Promotions West and SDGE moved for summary judgment on liability, which was unopposed, and the motions were granted. However, prior to the motions being granted, the city of San Diego filed a cross-claim against both Cycling Promotions West and SDGE, seeking indemnification. The city disputed liability, asserting that the asphalt condition/bump did not constitute a dangerous condition and that it was, instead, a trivial defect. It also disputed whether the May 2011 incident occurred in the same area, as the cyclist had no recall due to a concussion and the police could not confirm the area of the subject crash. The city further claimed it did not have substantial notice after Astudillo’s initial crash, since there was less than an hour until the following incident involving Rentschar and Eastburn occurred. Hence, it claimed there was not enough time to take remedial action. Furthermore, the city claimed that Eastburn was comparatively at fault for following Rentschar too closely., Astudillo, Eastburn and Rentschar were all taken from the scene of the accident by ambulance and brought to an emergency room. Astudillo sustained multiple severe lacerations and abrasions to 15 percent of her body, including her face, left elbow (with bone exposed), left hip, and both knees. She also sustained a concussion from the crash. Astudillo received multiple sutures and underwent facial surgery. She also received approximately one month of physical therapy for a soft-tissue injury to her left knee and underwent 35 laser treatments with a dermatologist to improve scarring. Astudillo’s minor post-concussion symptoms have since resolved. However, she claimed she is left with permanent residual scarring from the accident and will potentially need future non-surgical treatment. Thus, Astudillo sought recovery of $64,000 in paid past medical costs and roughly $30,000 to $60,000 in future medical costs for scar treatment. She also sought recovery of damages for her pain and suffering. Rentschar tumbled a great distance on the asphalt when her bike went down, causing her to suffer road rash to her face and limbs. She sustained a concussion from the accident. Rentschar claimed she is left with permanent scarring from the accident, but she does not currently seek any future treatment. Thus, Rentschar sought recovery of $22,000 in past medical costs. She also sought recovery of damages for her pain and suffering. Eastburn sustained to her right shoulder, consisting of a fractured clavicle and a completely severed rotator cuff tendon. She also sustained cervical disc herniations, bilateral wrist — ultimately diagnosed as bilateral carpal tunnel syndrome — and severe road rash. Eastburn ultimately underwent a multi-level cervical disc fusion surgery in February 2012, arthroscopic right shoulder surgery, and carpal tunnel release surgeries for both wrists in October 2013 and December 2013. Eastburn missed work through January 2012, as well as additional time to recover from each surgery. She claimed she still has residual neck pain with restricted range of motion, as well as residual left wrist pain. She alleged that as a result, she is now restricted from riding her bike and she requires additional therapy. Thus, Eastburn sought recovery of $180,000 in past medical costs and $25,000 in future medical costs. She also sought recovery of damages for her pain and suffering. The city’s counsel asserted that Astudillo’s claim for future treatment was unnecessary and that the proposed non-surgical scar treatment was not approved by the Food and Drug Administration.
COURT
Superior Court of San Diego County, San Diego, CA

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