California Attorneys Secure Defense Verdict for Major Southern California City in Bike Lane Design Case

California Partner Ashley R. Morris and Attorney Elizabet Saakyan obtained a defense verdict for a major metropolitan city in Southern California. The case arose from a lawsuit filed by a bicyclist who alleged the City’s bike lane and roadway design created a dangerous condition.

Plaintiff was traveling in a class IV bike lane when he was struck by a vehicle crossing the bike lane to access an alley. Following the collision, Plaintiff reported head trauma and significant spinal complaints that subsequently required three neck surgeries. He also alleged a pelvic floor and pudendal nerve injuries that impaired his ability to sit indefinitely. Plaintiff maintained that his injuries rendered him completely disabled, prevented him from returning to work and permanently affected his quality of life. He sought damages for extensive future medical care, including additional surgeries, nerve stimulators and related treatment, as well as future lost wages.

Plaintiff’s counsel based his liability theory on an earlier version of the City’s roadway plan that permitted parking near the intersection of the alley and the street. At the time of the accident, an unknown third party was parked in the loading zone near the intersection and obstructed visibility. Plaintiff’s Counsel alleged that the City’s roadway design, including the visibility obstruction caused by the parked vehicle, created a dangerous condition of public property that contributed to the collision.

Defense attorneys Ashley Morris and Elizabet Saakyan demonstrated that the roadway plan relied upon by Plaintiff’s counsel did not reflect the roadway configuration in place at the time of the accident. Our counsel showed that, several years after the date of the plan presented by Plaintiff’s counsel, the City modified the area to create a loading zone to accommodate city needs. Our defense established that the City should not be held responsible for third parties improperly using the adjacent loading zone, which obstructed visibility. The defense also successfully argued that the driver of the vehicle, knowing his vision was obstructed, was the proximate cause of the accident.

Additionally, Ashley and Elizabet challenged Plaintiff’s claims regarding the nature, extent and cause of his alleged injuries. Surveillance evidence showed Plaintiff engaging in physical activity inconsistent with the limitations he reported to his medical providers and his claim of complete disability. A detailed review of Plaintiff’s extensive medical history further identified variations in his reported symptoms, limitations and treatment history. Defense’s expert medical testimony disputed a causal connection between the accident and Plaintiff’s claimed pelvic floor condition.

Following trial, the jury determined that the City’s roadway design in place at the time of the accident did not constitute a dangerous condition as alleged in Plaintiff’s lawsuit. Instead, the jury found the third-party driver responsible for Plaintiff’s injuries and returned a defense verdict in favor of our client.

Ashley has more than 20 years of litigation and trial experience and is an advocate in matters ranging from premises liability, general liability and wrongful death. She has served as a consultant to various insurance carriers on high exposure matters to ensure that each pre-litigation demand is evaluated fairly and consistent with California legal requirements.

Elizabet concentrates her practice on civil litigation with primary focus on insurance defense. She handles all phases of the legal process from discovery and depositions to drafting and arguing motions and appearing before the Court. Elizabet has experience handling medical malpractice matters and employment law and has represented a large county and other government entities.