Case details

Motorcyclist: Utility covers not flush in roadway caused crash

SUMMARY

$600000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
ankle, fracture, sprain, strain
FACTS
On March 24, 2013, plaintiff Kevin Kenny, 59, a fleet manager for UPS, was riding his motorcycle at approximately 35 to 40 mph on northbound Cahuenga Boulevard, in Los Angeles. At around 6:45 p.m., when Kenny was approximately 30 feet south of Hollycrest Drive, his motorcycle’s wheels unexpectedly encountered and went over a series of utility-hole covers on the roadway. As a result, Kenny lost control of his handlebars and was ejected from his motorcycle. Kenny recalled his feet hitting the curb, and he sustained to his ankle and feet. Kenny sued the believed owners and maintainers of the roadway, the city of Los Angeles, the county of Los Angeles, the state of California, and the state’s Department of Transportation. He also sued the believed owner of the utility cover, Metromedia Fiber Network Services Inc. Other possible owners of the utility covers were later added to the case, which included Pacific Bell Telephone Co. (doing business as AT&T and initially erroneously sued as AT&T Corp.), Utiliquest LLC, Centurylink Communication LLC, Quest Media & Supplies Inc., Quest Ventures Southwest Inc., Abovenet Communications Inc., Zaya Group LLC, and Zayo Group LLC. It was ultimately determined that the roadway belonged to the city of Los Angeles and that the subject utility cover belonged to Zayo Group (which was also erroneously sued as “Zaya” Group ). Thus, the other defendants were ultimately dismissed from the case. Plaintiff’s counsel contended that the utility-hole covers were poorly maintained, deteriorated, and not level (or not to grade), causing them to be depressed in the roadway. Counsel asserted that the city left the subject roadway in a dangerous and unsafe condition due to the deterioration and depression of the utility covers. Plaintiff’s counsel further asserted that Zayo Group failed to maintain the condition of the utility cover to make sure that it was level to the roadway after the city had done work on the road., Kenny sustained to both of his ankles and his feet. Specifically, he sustained a type IV fracture dislocation of the right talar neck with a comminuted right medial malleolar fracture of the right ankle and a severe sprain and strain of the left ankle. He also sustained multiple abrasions and lacerations to his entire body. Kenny was subsequently taken to a Kaiser hospital, where he underwent open reduction and internal fixation surgery to treat the to his right ankle. Kenny claimed that he continues to suffer residual problems, including pain, discomfort, a limp, swelling, and arthritis in his right ankle and foot. He also claimed he suffers from residual pain in both his right and left knees due to his limp/deviated gait, as well as numbness in his left foot as a result of the severe sprain. Kenny alleged that he experiences the residual pain almost daily. In addition, he alleged that he will suffer from post-traumatic osteoarthritis and that he may require a triple arthrodesis procedure to fuse the subtalar joint and a possible ankle fusion at some point in the future. Thus, Kenny sought recovery of $61,000 in past medical costs and an unspecified amount in future medical costs. He also sought recovery of damages for his past and future pain and suffering. Kenny’s wife, Michele Kenny, initially sought recovery for her loss of consortium, but ultimately dismissed her claim.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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