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$23 Million

Settlement · Dangerous Road Design · 2022

Known intersection hazard left uncorrected for years

Kern County, CA

Case summary

A public entity had documented sight-line failures and prior collision history at the same intersection but deferred remediation. Public records requests and engineering experts traced the decision trail. The claim resolved shortly before trial after the entity's own traffic studies were admitted into evidence.

Case at a glance

Injuries: Catastrophic multi-system trauma requiring lifetime attendant care.

Defendant
Public entity responsible for the roadway
Key issue
Design immunity and prior notice
Resolution point
Two weeks before trial
Time to resolution
26 months

The challenge

The entity asserted design immunity and argued the intersection met standards at the time it was built.

How we built it

  • Public records requests produced six years of collision history at the same location
  • Traffic engineers established sight-line failure under current standards
  • Deposed the entity's own traffic engineer on deferred remediation decisions
  • Defeated design immunity by showing changed physical conditions

The outcome

Once the entity's internal traffic studies were ruled admissible, the case resolved for an amount funding a full lifetime care plan.

How the case moved

  1. Retained

    Referred by a prior client

  2. Government claim

    Filed inside the six-month deadline

  3. Motion practice

    Design-immunity defense defeated

  4. Settlement

    Resolved at a mandatory settlement conference

Prior results do not guarantee a similar outcome. Every case is decided on its own facts, venue, and available insurance coverage.

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