Case details

Improper warnings about open trench caused crash: bicyclist

SUMMARY

$20000000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
cervical, fusion, neck
FACTS
On Dec. 8, 2017, plaintiff Sheng Du, 52, a software engineer, was bicycling on Sorrento Valley Road, in San Diego, when the front wheel of his bicycle dropped into an open trench in the middle of the road, causing him to flip forward. Earlier that morning, construction crews from KTA Construction Inc. began excavating and refilling multiple trenches within the number one (far left), southbound lane and bicycle lane in conjunction with a water and sewer line replacement project for the city of San Diego. The project was supervised and managed by Harris & Associates Inc., and it was generally approved and overseen by the city of San Diego. While the work was being performed, the bicycle lane was closed, and all traffic was directed to a single lane that was allegedly “pinched” by the encroachment of the trench into that lane. Before the trench was refilled, Du hit it with his bicycle, causing him to be ejected from his bicycle and strike his head. Du also sustained of his neck. Du sued the city, KTA Construction, and Harris & Associates. Du alleged that the defendants negligently created a dangerous condition and failed to properly warn of that hazardous condition. Du added four other defendants, including North County Traffic Control and three individuals, but they were ultimately dropped from the case. Plaintiff’s counsel asserted that the trench was unguarded, unmarked and unattended and that the city, KTA Construction, and Harris & Associates failed to comply with applicable standards, including the California Manual on Uniform Traffic Control Devices and the city’s own standards. Counsel contended that, at the time of the incident, all traffic was directed to a single lane that was “pinched” by the encroachment of the trench into that lane thereby leaving insufficient room for both vehicles and bicyclists to travel safely. Plaintiff’s counsel asserted that the applicable standards required a temporary traffic-control plan that specifically provided for the needs of bicyclists with adequate and safe access to the roadway and that specifically required the use of barriers and warning signs whenever open trenches were in the roadway. Counsel also asserted that, at the time of the incident, glare from the morning sun made it impossible for Du to realize that a trench was before him until it was too late, particularly when there were no warning signs provided in advance of the trench and no workers near the trench at the time of the incident. Defense counsel asserted that Du rode his bicycle through a “cone zone.” Counsel for the city, KTA Construction, and Harris & Associates all contended that KTA Construction’s crew was responsible for site safety and that construction had closed the bicycle lane and adjacent, southbound, number one lane. They also contended that the construction crew had also set up proper traffic-control devices and warning signs in accordance with the city-approved traffic-control plan. Defense counsel asserted that Du was negligent for disregarding extensive traffic-control signs and warning devices, and for riding his bicycle into an active construction site. Counsel further asserted that Du’s negligence was the sole cause of his . Just before trial, KTA Construction changed its position and admitted in verified written discovery responses that it and Harris & Associates were negligent and that Du was not negligent in causing his . However, the city and Harris & Associates maintained their initial positions that Du’s negligence was the sole cause of his ., Du landed head first on the roadway and was found face down, unconscious and near death. He was transported by ambulance to the emergency department at Scripps Memorial Hospital La Jolla. An MRI scan of the cervical spine revealed a serious high-level cervical spinal cord injury at the C2-3 level, which rendered him quadriplegic. Fusion of the C2-3 level was performed to stabilize and prevent further injury. Over the course of the next 10 months, Du endured numerous complications while he was an inpatient at the hospital and rehabilitation facilities, during which time he underwent 14 operations. Du requires around-the-clock nursing care, which includes therapies for all activities of daily living, bowel management, bladder management, respiratory management, gastric-tube management, skin protection and transfers. The around-the-clock care is managed primarily by his wife, Yun-Hua Chiang, who rarely leaves his side. Prior to sustaining the at issue, Du worked as a software engineer for Verizon making approximately $250,000 per year. He is no longer able to work, and he will require medical care and equipment for the rest of his life. Du sought recovery of $127.86 million in total damages, including $10,000 in property damage, $100,000 for past household services, $750,000 for past loss of earnings, $1.5 million for future household services, $5 million for past medical care, $5.5 million for future loss earnings, $15 million for future medical care, $20 million in damages for his past pain and suffering, and $80 million in damages for his future pain and suffering. Du’s wife sought recovery of $23.2 million in total damages, including $200,000 for past attendant care, $3 million for future attendant care, $5 million for past loss of consortium and $15 million for future loss of consortium.
COURT
Superior Court of San Diego County, San Diego, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case