Case details

Defense claimed motorist’s rollover due to speeding, not puddle

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
emotional outbursts, gastrointestinal injuries, head, left arm, ot internal injuries
FACTS
On July 13, 2012, plaintiff Sandra Dade, 66, was operating her vehicle on northbound State Route 127, a two-lane conventional desert highway. She had a passenger in the front seat, and the pair were on their way to Pahrump, Nev., and then onto Las Vegas to see Dade’s boyfriend. After she passed two removable/turn-able flood signs — California Department of Transportation (Caltrans) signs that would turn when there was a flooding evident — and rounded a curve on the highway, Dade lost control. As a result, her vehicle rolled eight or nine times off the highway. Her passenger sustained minor , including cuts and bruises, but Dade claimed serious to her head and left arm. Dade sued the state of California, alleging that it was liable for the dangerous condition of public property. Dade claimed she came into contact with water that had collected on the highway, which caused her vehicle to go off the road and overturn several times. Dade’s counsel contended that the state’s employees, via Caltrans, were on “storm patrol” because of a forecast of desert storms in the area of the subject highway, but that the employees did not turn the flood signs toward traffic. Counsel also argued that a Caltrans employee must have either observed or drove through the rain himself before the accident, making Caltrans liable for the dangerous condition by allowing water to remain on the highway. Defense counsel contended that the subject roadway was in a low-lying area that occasionally flooded, but that on the subject date, there was only light rain and no evidence of flooding. Counsel also disputed that the claim that a Caltrans employee observed or drove through rain before the incident, and argued that Caltrans had no notice of any condition, as there was no evidence of water or any prior wet weather accidents. In addition, defense counsel argued that weather immunity applied. The defense’s accident reconstruction experts testified about Dade’s vehicle’s data recorder, and expert accident reconstructionist William Bortles testified that the black box from Dade’s vehicle indicated that she was traveling at 76 mph when she lost control of her vehicle and that the speed limit for the area was 55 mph. Defense counsel also contended that Dade’s passenger indicated that Dade swerved to avoid a puddle in the curve, although an eyewitness who stopped to help at the accident scene denied seeing any puddle in the roadway. The defense’s accident reconstruction experts also testified about each roll of the eight or nine rollovers, as Dade’s vehicle’s rollover accident was complex. The experts opined that the accident was caused by Dade’s speeding and that if Dade was traveling the 55 mph speed limit, her vehicle most likely would not have rolled over and Dade would not have sustained any . In response, plaintiff’s counsel noted that although Bortles testified about the information from the vehicle data recorder indicating that Dade’s speed was 76 mph, the expert also agreed that there were other findings that placed the speed much slower., Dade sustained a traumatic brain injury and a serious injury to her left arm. She had to be extracted from the vehicle and was subsequently taken via ambulance to a medical center in Las Vegas, where her left arm had to be amputated below the elbow. Dade also sustained gastrointestinal and other internal . Dade claimed that as a result of her gastrointestinal , she is on a strained food diet and has to remain diapered. She also claimed that her ability to walk has been impacted and that she now requires a wheelchair, as she is unable to walk without any assistance. Dade further claimed that she requires a lot of medication, has had falls, and suffers emotional outbursts. As a result, she was in rehabilitation facilities and had a full-time assistant from Medicare, but is now at home with family care. Thus, plaintiff’s counsel contended that Dade will need full-time care and that Dade’s life care plan was estimated to be $7 million. The defense’s physical medicine expert agreed that Dade needs care for the remainder of her life, but opined that Dade will not require full-time attendants for 24-hour care. The expert also opined that Dade would be able to administer her own pills.
COURT
Superior Court of San Bernardino County, San Bernardino, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case