Case details

State claimed roadway was properly maintained





Result type

Not present

brain, brain injury, fracture, traumatic brain injury, wrist
On July 3, 2010, plaintiff Dawn Sansen, 55, was operating a Harley Davidson motorcycle on northbound U.S. Highway 101, approximately 75 feet south of the intersection with Capital Expressway in San Jose. As Sansen began to merge into the mainline of U.S. 101, she was suddenly thrown from her motorcycle. She claimed her motorcycle became entangled in roadway tubing, causing the motorcycle to suddenly arrest. She also claimed the accident caused to her head, neck, back and right wrist. Sansen sued the state of California, the state Department of Transportation, Dowling Associates Inc. and Metro Traffic Data Inc. Sansen alleged the roadway tubing constituted a dangerous condition of public property, and that the defendants failed to timely and/or properly address this condition. Dowling Associates Inc. and Metro Traffic Data, Inc. were ultimately dismissed from the case. Sansen claimed her motorcycle became entangled in roadway tubing utilized by the state of California in its yearly performance of roadway counts on state highways. She alleged the state owned both the tubing and the roadway that caused her motorcycle’s progress to suddenly arrest and, in turn, caused her to be thrown for her motorcycle. Sansen further claimed that the state knew, or should have known, of the black roadway tubing’s presence on the roadway and failed to timely address the dangerous condition. The state of California claimed that the location was properly maintained and that no other prior similar accidents involving the subject roadway had been reported., Sansen claimed she sustained a mild traumatic brain injury and a fracture of the right wrist, as well as soft-tissue to her neck and back. She was subsequently taken to a hospital, where she underwent multiple surgeries to her right wrist. Sansen also underwent psychiatric therapy. Sansen claimed she suffers a significant neurological deficit and has decreased use of her wrist and hand. Thus, she sought recovery of approximately $75,000 in past and future medical costs and past lost earnings. Sansen also sought recovery of damages for her past and future pain and suffering. In addition, she sought recovery for the damage to her motorcycle.
Superior Court of Santa Clara County, Santa Clara, CA

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