Plaintiff, an 11 year old, was killed while walking across the street at night. Plaintiff argued that the City failed to maintain lighting and failed to provide adequate crossing area for pedestrians. Defendant City argued that the Defendant driver was not paying attention and failed to observe decedent crossing. Settlement with defendant driver for additional policy limits.
Plaintiff, a 30 year old unemployed Latina housewife, was walking with her 3 children in rural area of Riverside County when she was struck by car and killed. Defendant Driver contended that Plaintiff was a pedestrian in the roadway. Plaintiffs were able to prove that Plaintiffs had not wandered into the roadway and prevailed on the claim of the lifetime value of household services.
Plaintiff/Decedent was a passenger in a vehicle owned and operated by her friend. In a sudden rain event the water did not properly sheet (flow) from the roadway. The vehicle hydroplaned and struck a light pole resulting in plaintiff’s/ decedent’s death. CHP investigation blamed the driver for excessive speed for the conditions. Claims were pursued against the driver for negligence and against the State of California for failing to maintain grooves in the roadway and failure to maintain signage relating to conditions during rain.
The results of every case is dependent upon the specific facts of the case and the results will differ if based on different facts.