The Brandi Law Firm recently obtained a verdict in San Mateo County on behalf of a young woman who was injured when the car she was traveling in was struck by a crossover vehicle. That crossover vehicle had been stopped and waiting for a break in traffic to turn left when it was struck from behind. We contended that the failure to provide a protected left hand turn pocket was created a dangerous condition, and the jury agreed delivering a verdict of $12,344,723.
Despite a complete lack of prior accident history since 1990, the jury held that the State of California was accountable for the dangerous condition on the roadway. Prior accidents has often been a threshold standard for dangerous condition cases against public entities.
Even without a history of accidents, the jury still found that the wrongful conduct of the State of California’s employees acting within the scope of their employment created the dangerous condition by failing to adhere applicable design principles in 1990 when the State redesigned the taper at the accident location. The jury further concluded that the State’s act or failure to act was not reasonable under the circumstances.