On Aug. 29, 2010, during the early morning hours, plaintiff Jesse Hernandez, 51, a truck driver, was riding his sport motorcycle on Avenue 430 in Reedley, with a speed limit of 55 mph. He claimed that as he approached a T-intersection at Road 64, he was able to see the stop sign from about 800-feet away. Hernandez claimed that when he did see the sign, attempted to slow down and brake, but he hit “waves” and grooves in the road, causing him to blow through the stop sign. As he slid into the intersection, Hernandez was struck by a sport utility vehicle, causing his left ankle to be completely severed. At the scene, Hernandez told the California Highway Patrol that the accident was his fault because he misjudged the distance to stop sign. Hernandez also stated that he never applied the front brakes on his motorcycle because he was afraid he would fly over the handlebars. However, he claimed that despite the lack of front braking, he believed that the unexpected gravel at the location of the skid was the cause of the accident. Hernandez sued the county of Tulare for the road’s defect, creating a dangerous condition. Hernandez contended that the gravel was at the site because the county “grooved” the road, inhibiting the self-cleaning function of a roadway. He noted that the county grooved the road to flatten out the waves caused by 18 wheelers from the nearby fruit packing plant. The plaintiff’s expert opined that what the county did was not only unreasonable, but also unorthodox, and made the road more unsafe. The county contended that it did everything in its power to make the roadway as safe as possibly considering its resources. Defense counsel contended that Hernandez was 100 negligent for the accident by misjudging the distance to the stop sign, riding at excessive speed and failing to use the bike’s front brake. The trial was ultimately bifurcated, by stipulation, on liability and damages. Plaintiff’s counsel noted that Judge Paul Vortmann was reluctant to grant the bifurcation, noting that in over 20 years on the bench he never granted this request., Hernandez’s left ankle was completely severed in the accident. As a result, he was taken by ambulance to a hospital in Fresno, where he underwent an emergency surgery in an attempt to salvage some of his badly mangled left leg. However, he ultimately required the surgical amputation of his lower, left leg, below the knee, in order to allow for a proper fitting of a prosthetic. Hernandez later sustained a rotator cuff tear to his right, dominant shoulder due to having to use crutches and a wheelchair. He subsequently saw an orthopedic specialist and underwent an MRI. It was ultimately determined that Hernandez can live with the tear, but if it gets worse, he will need to undergo a surgery to repair the damage. Hernandez was fitted with a prosthetic lower leg. However, he claimed the prosthesis barely fits, as it is too short and the “shoe” size is two sizes smaller than his actual shoe size. Thus, he alleged that he will need a new prothesis.