Case details
Defense argued roadway not a dangerous condition
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
arm, fracture
FACTS
On May 20, 2011, plaintiff Dwight Stark, 65, a barber, was riding his motorcycle on southbound State Route 82, also known as El Camino Real, when a vehicle ahead of him came to a sudden stop at the intersection with Sand Hill Road. However, when Stark attempted to stop, his motorcycle skidded out underneath him, causing him to injure his right shoulder and left elbow. Stark sued the state of California Department of Transportation. He alleged that the defendant’s negligent repair and/or maintenance of the roadway created a dangerous condition. Stark claimed the rough road and uneven pavement at the intersection of El Camino Real and Sand Hill Road caused his crash. Thus, he contended that Caltrans should have better maintained the road and paved the roadway due to its uneven surface and the accumulation of gravel. Defense counsel argued that the roadway was properly maintained and that no other prior incidents involving the roadway had been reported., Stark was taken to a hospital after the accident, as it was thought that he had dislocated his right shoulder. At the hospital, it was determined that he had sustained a fracture of the left ulna and it was later determined that Stark did not have a shoulder dislocation, but that he sustained a rotator cuff tear of his right shoulder. Stark ultimately had surgery for the ulna fracture, but did not undergo any surgery for the rotator cuff injury. Stark claimed that his elbow fracture healed by the time of trial, but that he is living with his rotator cuff tear. He alleged he treats his shoulder pain with medication, in addition to cortisone injections. Stark further claimed that his shoulder injury limits him as a barber by reducing his range of motion and decreasing his useful working life by five to seven years. Thus, Stark sought recovery of damages for his past and future medical costs, past and future lost earnings, and past and future pain and suffering. In addition, he sought recovery of damages for the damage to his motorcycle.
COURT
Superior Court of Santa Clara County, Santa Clara, 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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