Case details

Motorcyclist claimed pothole caused crash

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
ankle, chest, fracture, neurological, reflex sympathetic, rib, shoulder
FACTS
On May 22, 2015, plaintiff Donald Kavanagh, 56, a bank executive, was motorcycling on westbound State Route 24, also known as the Grove Shafter Freeway, in Oakland. After he exited the freeway via the Broadway off-ramp, he allegedly hit a pothole, lost control of the bike, and crashed. Kavanagh fractured his left clavicle, some ribs, and left ankle. Kavanagh sued the city of Oakland and the state of California. Kavanagh alleged that the pothole created a dangerous condition and that the city and state failed to repair the condition or properly maintain the roadway. Prior to trial, the city of Oakland was dismissed on a motion for summary judgment, as the incident area was determined to be owned by the state of California. Kavanagh claimed the pothole was large enough to cause the crash. Thus, he claimed that had the state inspected the road regularly, it would have seen the hazardous condition and fixed it. The state’s counsel argued that the alleged condition was not a pothole, but a pavement imperfection that would not have caused Kavanagh to lose control. Counsel also argued, through the defense’s engineering experts, that Kavanagh caused the crash by improperly hitting his front brake too hard and not using his rear brake. Thus, defense counsel argued that Kavanagh should have seen the pavement imperfection and avoided it and that Kavanagh’s inattentiveness caused the crash., Kavanagh sustained fractures of his ribs, ankle and clavicle, all on his left side. He was subsequently taken via ambulance to Kaiser Permanente Oakland Medical Center, in Oakland, and underwent reconstructive surgery, during which metal hardware was placed in his ankle, that day. Kavanagh complained of ongoing pain and weakness in his lower, left leg and ankle, and was ultimately diagnosed with complex regional pain syndrome, also known as reflex sympathetic dystrophy or causalgia, a chronic pain condition. He also complained of a loss of sensation and range of motion in his left leg and ankle. He further claimed that he suffers from permanent nerve damage as a result of the accident. Kavanagh did not miss any work, but he claimed he is unable to do many recreational activities that he did previously, including hiking and skiing. He also claimed that he can no longer be a member of a local search-and-rescue team. The plaintiff’s physical medicine expert diagnosed Kavanagh with complex regional pain syndrome and opined that the condition was causally related to the crash. The plaintiff’s pain management expert testified that he examined Kavanagh and found that Kavanagh had a two-degree difference in temperature between his left and right feet, skin color changes, hair growth changes, and hypersensitivity. The expert further testified that, based on his findings, he diagnosed Kavanagh with complex regional pain syndrome. Thus, plaintiff’s counsel asked the jury to award $2.5 million in damages for Kavanagh’s past and future medical expenses, and past and future pain and suffering. The state’s counsel argued that the nerve damage was caused by surgery that Kavanagh underwent on his ankle.
COURT
Superior Court of Alameda County, Oakland, CA

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