Case details

Missing pavement caused crash, bicyclist alleged

SUMMARY

$437500

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
arm, brain, chest, concussion, dental, fracture, fractured teeth, head, humerus, knees, left elbow, rib, ribs, shoulder, teeth.
FACTS
On July 9, 2011, at approximately 11 a.m., plaintiff Fran Baskin, a title company vice president in his 50s, was riding her bicycle in Lafayette when her front bicycle wheel struck a gap around a utility cover owned by the East Bay Municipality Utility District, causing her to crash. Baskin claimed to her head, teeth, left elbow and shoulder, ribs, and both knees. Baskin sued the city of Lafayette and East Bay Municipality Utility District. Baskin alleged the defendants negligently created and/or maintained the subject utility cover and surrounding area, creating a dangerous condition of public property. She claimed the pavement surrounding the utility cover was missing, causing the accident and her personal , and that the area should have been repaired. Defense counsel disputed liability, arguing that Baskin assumed the risk by riding her bicycle on a public street and not avoiding a known danger to cyclists — an open and obvious condition — due to her inattentiveness. Defense counsel also argued that the city and utility district lacked prior notice of the alleged condition., Baskin suffered a concussion, a fractured left humerus, and fractures to her teeth. She also sustained a torn rotator cuff in her left shoulder and torn menisci in her knees. Baskin was subsequently taken by ambulance to an emergency room, where her fractured arm was placed in a cast. She also required extensive dental work, including the placement of crowns and dental implants. In addition, Baskin’s extensive road rash was debrided topically. In April 2012, Baskin underwent arthroscopic surgery to treat the torn meniscus in her right knee and she then underwent physical therapy. Baskin claimed a post-concussion disorder stemming from her head injury. She also claimed she requires further orthodontic care for her dental , as well as requires surgery for her left knee. Thus, Baskin sought recovery of $105,000 in past medical costs and $36,000 in past loss of earnings. She also sought recovery of an unspecified amount in future medical costs and future lost earnings. In addition, Baskin sought recovery of damages for her past and future pain and suffering. Defense counsel did not seriously dispute the severity of Baskin’s alleged .
COURT
Superior Court of Contra Costa County, Contra Costa, CA

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