5.2 Million Dollar Settlement-CalTrans
Published in Verdicts & Settlements—September 22, 2014
RESULT DATE: March 31, 2014
PREMISES LIABILITY- Dangerous Condition of Public Property
PLAINTIFF’S COUNSEL SUCCESSFULLY ARGUED—That the documents produced in discovery showed that the site of the serious accident in question frequently flooded (yet there were no signs, but now they have been installed) and that flooding was a product of heavy rainfall in the area, as high tides in San Pablo Bay influence the flow of water in San Antonio Creek, causing debris and silt from the creek to overflow onto the property adjacent to the highway, into inadequate and poorly maintained culverts at the intersection, and onto the highway.
PLAINTIFF’S COUNSEL also successfully argued and persuaded the neutral mediator that the State’s own hydrology files from the California Department of Transportation in the 1980’s showed a history of concern about the flooding at the same location of this accident. Counsel provided evidence that CALTRAN’S then acting director recommended that the roadway be raised at the intersection to eliminate the flooding problem, but that this solution was not funded!
PLAINTIFF’S COUNSEL also produced a preliminary drainage report prepared by the State in 2006 very critical of the maintenance of the drainage facilities at the site of the accident and the capacity of the existing culverts to handle the foreseeable storms. Counsel further provided evidence that Caltrans was aware of significant flooding in the same location as Mr. Thiry’s accident six to ten times in a 30-year period preceding the accident and that standing water of at least several inches to a foot or more accumulated on the southbound lanes (where Mr. Aldridge hydroplaned out of control into Mr. Thiry’s northbound vehicle) of highway 101 several times each year.
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Since 1992, our highly skilled and very experienced personal injury attorneys have represented clients throughout the entire North Bay including, San Francisco, Marin, Sonoma, Napa, Solano, Alameda and Mendocino Counties. Our personal injury accident attorneys work on a contingency basis. You don’t pay unless we win!
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First and foremost, we have an interest in representing seriously injured individuals and their family members who have been wronged by insurance carriers and governmental entities. In this case, it is clear that Caltrans did not maintain the drainage system, the culverts and the roadway in a responsible and safe manner which greatly contributed to Mr. Thiry’s serious bodily injuries.
Second, we have the resources and experience to get the job done.
Third, we work only on a contingency fee basis so that you can afford our legal services. You only pay if we win for you. In other words, we don’t get paid until you get paid!
Fourth, our results speak for themselves and we have won millions of dollars for our injured plaintiff clients since 1992: Case-results
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We know what it takes to achieve satisfaction and success. If you would like to discuss your serious personal injury motorcycle, vehicle or truck accident case with a highly skilled and very knowledgeable attorney from FIUMARA & MILLIGAN LAW, PC, or if you wish to learn more about how we can fight for you, please contact our law firm in Santa Rosa, CA in Sonoma County at: 707-571-8600 or our San Rafael, CA office centrally located in Marin County at: 415-492-4507.
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