Case details

Overpass met all applicable design standards, state claimed





Result type

Not present

brain, brain damage
On March 9, 2012, plaintiff Dung Chi Huynh, 42, was riding his bicycle on the Winton Street Overpass, in Hayward, when he was struck by a mid-size sedan. Huynh sustained to his head. Huynh sued the believed maintainers of the overpass, the city of Hayward, the county of Alameda, and the state of California’s Department of Transportation (Caltrans). Huynh alleged that the defendants failed to properly maintain the overpass, creating a dangerous condition of public property. The county was ultimately dismissed from the case. The motorist was not a party in the suit. Plaintiff’ counsel contended that the city of Hayward placed a bicycle route on the overpass, which had a high volume of traffic merging on and off the overpass, to and from Interstate 880. Thus, counsel argued that the signage on the overpass was inappropriate, as there should have been warning signs for both motorists and bicyclists. Counsel further argued that the overpass did not meet the applicable design standards for bicycle routes and that the width of the bicycle route was deficient for both automobile and bicycle traffic. Defense counsel contended that the subject road was not defective or dangerous and that the roadway conformed with all applicable design standards, as did the bicycle route. Counsel also contended that there was a lack of substantially similar accidents at the subject location., Huynh sustained severe frontal lobe damage. He subsequently had $1 million in medical care and $1.8 million in wage loss. Huynh lived at home with his father, but he claimed he would require 24-hour attendant care at a facility, as he would require constant supervision. Thus, plaintiff’s counsel asked the jury to award Huynh $14.5 million in total damages. Defense counsel did not contest Huynh’s .
Superior Court of Alameda County, Oakland, CA

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