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Verdicts / Settlements - DefendantsJani-King of California, Inc. and Transportation Insurance Company v. City of Irvine, State of California Department of Transportation, City of Orange and C.C. Myers, IncCASE NO.: 78 09 38
CASE TYPE: Freeway Design/Design Immunity VERDICT: Defense COURT / DATE: Orange County Superior Santa Ana / Sept. 15. 1999 JUDGE: Hon. Ronald C. Kline ATTORNEYS: Plaintiff - Bill Becker and Brian E. Claypool (Claypool, Gustafson & Goostrey; Los Angeles) Defendant - for State - Ruth Yeager (Simmes, Danielson, Cohen-Harrel & Chase; Los Angeles); for State - Richard Capella ( Knopfler and Robertson ; Woodland Hills); for C.C. - Melvin F. Seifert (Seifert, Henderson & Farricker; Brea) TECHNICAL EXPERTS: Plaintiff - Harry J. Krueper, reconstruction, San Bernardino; Dewayne K. Beckner, toxicologist, Los Angeles Defendants - Ed Nahabedian, traffic engineer, Glendale; Clayton Campbell, reconstruction, Livermore Facts:On June 8, 1996, Plaintiff, Jani-King*s employee exited the 405 Bake Parkway offramp in Irvine. Construction work was being performed at this location, and Plaintiff Jani-King*s employee failed to turn left as instructed by warning signs. He proceeded straight through a chain-link fence, and his vehicle overturned and landed in a concrete wash. Plaintiff-in-Intervention Transportation Insurance Company was Plaintiff Jani-King's workers' compensation carrier. Plaintiff Contentions:Plaintiff claimed the Defendants failed to warn of a dangerous condition. The offramp needed additional warning signs and barriers. Defendant Contentions:Defendant argued the State has design immunity. All signs, signals, and pavement markings and delineation were in place according to a pre-approved plan. Settlement Discussions:Settlement demand - $550,000 Other Information:The case was bifurcated on design immunity and failure to warn. The state was granted design immunity. The Plaintiff attorney reports that the judgment has not yet been entered. |