Government Entity – $7.43 Million Verdict
Auto v Pedestrian (Mother and 3 year old daughter) with Dangerous Condition of Public Property (crosswalk) claims.
Case stemmed from a vehicle v. pedestrian accident on 2/8/12. 26 year old Plaintiff was crossing Gilbert St. in an unincorporated area of Anaheim with her 3 year-old daughter in a stroller. Plaintiff was struck by a hit/run driver – Carlos Parra, age 20. Daughter was killed, Plaintiff was seriously injured (Orthopedic injuries) Driver eventually found and was a defendant at trial.
Suit against Parra & County of Orange. County argued lack of prior accidents in crosswalk. Argued that P (unemployed mom on gov’t assistance) entered crosswalk when unsafe to do so, and that it was all the fault of hit/run driver.
The County argued that the lack of prior accidents in the crosswalk proved the crosswalk was not a dangerous condition and that liability for this tragic accident rested solely on the two parties at the scene- a negligent driver and a negligent pedestrian, the plaintiff. The County alleged that Ms. Hernandez, an unemployed mother on governmental assistance, entered a crosswalk when it was unsafe to do so and was struck by a criminal hit-and-run driver, who likely fled the scene because he was under the influence.
Wrongful death of 3 year old daughter, Miranda. Mother suffered serious orthopedic injuries, including fractures to the pelvis, legs, knee, shoulders, back, ankles and forearm.
Three week bifurcated jury trial. Mr. Donahoo convinced the jury that the County shared liability with the hit-and-run driver. Jury found only 5% comparative fault on plaintiff.
County made no offer.