Case details

Bicyclists claimed unmaintained road caused accidents

SUMMARY

$398889.81

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
arm, fracture, humerus, scapholunate ligament, tear shoulder, wrist
FACTS
On March 19, 2017, plaintiff Melissa Rose, 34, a consultant, and plaintiff David Bray, 52, a self-employed real estate investor, were bicycling with five other cyclists in the designated bike lane on Auberry Road, in Fresno. When they were some 1.5 miles north of the intersection with Millerton Road, Rose lost traction on her bike and suddenly fell onto the northbound traffic lane, where she was struck on the left arm and shoulder by a northbound car. The driver of the car fled the scene and was never identified. Bray, who was positioned behind Rose in the line of riders, observed Rose begin to lose control of her bicycle while trying to avoid sand and, at around the same time, he was aware of the approaching vehicle, as he heard someone yell “car,” which informed him there was one to his left. Bray steered right to avoid Rose, hit deep sand and fell. Rose injured her left arm and shoulder. Bray injured his right wrist and the long finger on his right hand. Rose sued the roadway’s maintainer, Fresno County. She alleged that the county failed to properly maintain the roadway, creating a dangerous condition. Bray brought a separate suit against the county, also alleging that the county’s negligent maintenance created a dangerous condition. The cases were consolidated. Rose claimed that she and the other cyclists encountered a pile of sand that partially obscured the bike lane for 100 feet. She claimed that the sand covered the entire width of the bike lane for more than 10 feet and measured between 4 inches and 7 inches deep. Rose claimed that she attempted to ride around the sand pile, while still remaining within the bike lane, but lost traction, which caused her to fall onto the roadway. She claimed that as result of the roadway’s condition, she was unable to avoid falling when she encountered the debris. Plaintiffs’ counsel contended that the sand and gravel accumulated on the roadway and entirely blocked the dedicated bike lane, but the county left the condition unaddressed for months. Counsel also contended that the condition forced cyclists to suddenly and unexpectedly merge into the motor vehicle traffic lane or risk falling and making the roadway less safe for all users. Counsel argued that the county’s failure to maintain and clear the bike lane created a dangerous condition. Defense counsel contended that sand in a bike lane is a condition road cyclists encounter and expect, so cyclists assume the risk of having to navigate around it, as allowed by Vehicle Code § 21208. Counsel also contended that there were three cyclists ahead of Rose and Bray who navigated around the sand without incident, and argued that Rose failed to follow the pace line properly to avoid the sand. Defense counsel also argued that Rose was less than a blink of an eye behind the cyclist ahead of her and that Bray followed behind Rose half that distance so as to violate Vehicle Code §§ 21200 and 21703, which prohibit a vehicle, including a bicycle, from following too closely., Rose sustained a fractured humerus in her left, non-dominant arm and a dislocated acromioclavicular joint in her left shoulder. She was taken by ambulance to Community Regional Medical Center, in Fresno, where her fractured arm was set without anesthesia. Rose underwent two surgeries over the next three months. Following the accident, Rose was off of work until Aug. 1, 2016. She claimed that she suffered emotional distress, as she frequently relived the accident for six months after it occurred. Rose sought recovery of past and future medical costs, past lost earnings, and noneconomic damages for her past and future pain and suffering. The parties stipulated that Rose’s past medical costs totaled $40,475.81. Bray sustained multiple fractures, a dislocation and a torn ligament in the long finger of his right, non-dominant hand. He also sustained a torn scapholunate ligament and multiple fractures in his right wrist. Bray was transported to the emergency room at St. Agnes Medical Center, in Fresno, where he underwent treatment for his long finger and wrist. He underwent hand surgery on March 24, 2017. Bray suffered permanent impairment of his right wrist and hand, including reduced grip strength, stability and flexibility. He claimed that as a result, he has to compensate by adjusting his daily activities and wearing a wrist brace for protection. He also claimed that he anticipates future medical care and treatment, including a four-bone wrist fusion surgery, which was recommended to improve long-term stability and reduce pain in his right wrist and hand. Bray sought recovery of past and future medical costs, and noneconomic damages for his past and future pain and suffering. The parties stipulated that Bray’s past medical costs totaled $17,478.59.
COURT
Superior Court of Fresno County, Fresno, CA

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