Case details
City knew of defect in road used by cyclists prior to death: family
SUMMARY
$4500000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
fracture, neck
FACTS
On Aug. 21, 2014, plaintiffs’ decedent Edgardo Gabat, 56, an engineer, was bicycling on Colorado Road, in Northeast Los Angeles, when the front wheel struck a 2-inch ridge in the concrete pavement, near the intersection with Figueroa Boulevard, throwing Gabat over the bike’s handle bars. Gabat landed on his neck, fracturing it. He was rendered brain dead, and he was pronounced dead three hours later. The decedent’s wife, Elaine Gabat; daughter, Emelita Gabat; and son, Erwin Gabat, sued the maintainer of the roadway, the city of Los Angeles, alleging that the 2-inch ridge in the concrete constituted a dangerous condition and that the city failed to maintain the pavement in a reasonably safe condition. Plaintiffs’ counsel contended that the decedent was a member of a Southern California cycling club and was on an evening ride with other cyclists in Eagle Rock when he struck the patch of uneven pavement while cycling down a hill on Colorado Boulevard, causing him to flip over his handlebars and land on his neck. Thus, plaintiff’s counsel asserted that the city failed to correct the dangerous condition that was on a road designated for bicycles. Counsel contended that the concrete had been sinking for years prior to the accident and that the concrete was uneven, cracked, and had a 2-inch parallel step. Counsel further contended that the subject westbound Colorado Road was in a failed condition, with a pavement condition index of 26, but that the city failed to address the condition. In addition, plaintiffs’ counsel asserted that the city of Los Angeles was aware of the dangerous condition because two other cyclists had been injured on the same route that the decedent was on prior to his fatal incident. Specifically, counsel noted that one incident occurred in 2010 and the other occurred in January 2014. Defense counsel asserted that the city was unaware of the alleged dangerous condition of the pavement and that the decedent was comparatively negligent because he was riding down a steep hill at an unsafe speed without paying proper attention., Edgardo Gabat was thrown from his bicycle and fractured his cervical spine, rendering him brain dead. He was pronounced dead at a hospital three hours later. Gabat’s wife, son and daughter sought recovery of compensatory damages for their own pain and suffering, and loss of society, comfort and support as a result of Gabat’s death.
COURT
Superior Court of Los Angeles County, Los Angeles, CA
Similar Cases
Negligent tire repair caused serious rollover crash: family
AMOUNT:
$375,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Steep, winding road caused multiple truck crashes: plaintiffs
AMOUNT:
$32,500,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Dangerous highway caused fatal multiple vehicle crash: suit
AMOUNT:
$18,681,052
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Applicant claimed future care needed after fall from roof
AMOUNT:
$3,500,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Roofer claimed he needs future care after fall from roof
AMOUNT:
$6,000,000
CASE RESULT:
Plaintiff won
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
- Show More
- Show Less
CATEGORY:
Personal Injury
Plaintiff: Improperly trained delivery personnel caused injuries
AMOUNT:
$4,875,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury