Dangerous Road Conditions Lead To Motorcycle Accident, Cause Severe Personal Injury

SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE, STATE OF CALIFORNIA

MIGUEL GAMA MACIAS, an individual, Plaintiff, vs. STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SAN CLEMENTE, and DOES 1 to 100,

Defendants. CASE NO: 00424537

COMPLAINT FOR DAMAGES ARISING FROM DANGEROUS CONDITION OF PUBLIC PROPERTY (Government Code Sec. 835);

DEMAND FOR JURY TRIAL

COMES NOW, Plaintiff MIGUEL GAMA MACIAS, Individually, and for causes of action against the State of California, County of Orange and City of San Clemente, and DOES 1 to 100, inclusive, alleges as follows:

ALLEGATIONS COMMON TO ALL CAUSES OF ACTION

1. At all relevant times herein mentioned, Plaintiff MIGUEL GAMA MACIAS was and is an adult individual residing in the city of Santa Ana, County of Orange, State of California.
2. The incident which is the subject of this Complaint which caused severe injury to plaintiff herein (hereinafter the "SUBJECT INCIDENT"), occurred on or about March 25, 2010 at approximately 11:00 p.m. on Southbound I-5 Freeway, at a raised curb adjacent to an asphalt island located between the lanes reserved for through traffic for the motoring public and a paved shoulder. At that time and place, Plaintiff, MIGUEL GAMA MACIAS legally, prudently and non-negligently pulled his motorcycle to the right in order to make a legal stop on the right shoulder. At this time and place, Plaintiff's motorcycle came upon an unexpected, unobservable and unmarked raised curb, adjacent to an asphalt island located between the lanes reserved for through traffic for the motoring public and a paved shoulder, which caused Plaintiff MIGUEL GAMA MACIAS to lose control of his motorcycle and thereby caused severe injuries to Plaintiff MIGUEL GAMA MACIAS.
3. At all relevant times herein, Defendant STATE OF CALIFORNIA was and is a public entity. On or about August 26, 2010, Plaintiff duly filed a claim with the STATE OF CALIFORNIA pursuant to Government Code sections 905 and 910. The statutory 45 days has lapsed for a written denial from the governmental entity, and thus, the claim is denied by law.
4. At all relevant times herein, Defendant COUNTY OF ORANGE was and is a public entity. On or about August 26, 2010, Plaintiff duly filed a claim with the COUNTY OF ORANGE pursuant to Government Code sections 905 and 910. The statutory 45 days has lapsed for a written denial from the governmental entity, and thus, the claim is denied by law.
5. At all relevant times herein, Defendant CITY OF SAN CLEMENTE was and is a public entity. On or about August 26, 2010, Plaintiff duly filed a claim with the CITY OF SAN CLEMENTE pursuant to Government Code sections 905 and 910. The claim was rejected by the CITY OF SAN CLEMENTE on or about September 30, 2010.
6. Plaintiffs are ignorant of the true names and capacities of the Defendants sued herein as DOES 1 to 50 and therefore sues these Defendants by such fictitious names. Plaintiffs will amend this Complaint to allege the true names and capacities when that information is ascertained. Plaintiffs are informed and believe and, based on that information and belief, allege that each such fictitiously named Defendant is legally responsible in some manner for the occurrences alleged herein, and further alleges based upon information and belief, that such fictitiously named Defendants were the agents, servants and/or employees of defendants STATE OF CALIFORNIA, COUNTY OF ORANGE and/or CITY OF SAN CLEMENTE and acted within the proper course and scope of employment or authorization of said defendants at all relevant times herein.
7. Plaintiffs are ignorant of the true names and capacities of the Defendants sued herein as DOES 51 to 100 and therefore sues these Defendants by such fictitious names. Plaintiffs will amend this Complaint to allege the true names and capacities when that information is ascertained. Plaintiffs are informed and believe and, based on that information and belief, allege that each such fictitiously named Defendant is legally responsible in some manner for the occurrences alleged herein, and further alleges based upon information and belief, that such fictitiously named Defendant was an owner and or co-owner of the motor vehicle operated by Defendant MAGLONZO or otherwise responsible for the consequences of his conduct at all times relevant as alleged herein, and that plaintiffs' injuries and damages were proximately and legally caused by each such Defendant's actions, and/or omissions to act.
8. As a legal result of the SUBJECT INCIDENT, Plaintiff MIGUEL GAMA MACIAS suffered serious and permanent physical injury, resulting in his suffering economic and non-economic damages in an amount in excess of $25,000.00 according to proof at trial.

FIRST CAUSE OF ACTION Dangerous Condition of Public Property

(Against Defendants STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SAN CLEMENTE, and DOES 1-100, Inclusive)

9. Plaintiff refers to each of the allegations in paragraphs 1 through 8, above, which are incorporated by reference herein.
10. At all relevant times, Defendants, the STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SAN CLEMENTE and DOES 1-100, inclusive, separately and jointly, were aware of the severe and dangerous raised curb located on the Southbound I-5 Freeway, approximately 600 feet south of El Camino Real, adjacent to the asphalt island located next to the shoulder of the Southbound lanes in that location. Defendants, the STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SAN CLEMENTE and DOES 1-100, inclusive separately and jointly were aware that such raised curb was not observable by the motoring public and was unmarked so that motorists could not navigate over the curb safely in order to pull over to the paved shoulder.
11. Upon information and belief, on or about March 25, 2010, and for a long period of time prior thereto, Defendants, the STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SAN CLEMENTE and DOES 1-100, inclusive, knew, or should have known that the following conditions existed at the asphalt island on the Southbound I-5 Freeway, approximately 600 feet south of El Camino Real:
    • The curb was unmarked and not observable by the motoring public.
    • The curb was too steep for the motoring public to drive across it safely and without incident.
    • The curb created a hazard to the motoring public.
    • That despite the steep, unmarked, unobservable and hazardous curb and the dangerous condition that prevailed at the location of the accident that is the basis for this matter that existed on a daily basis, no Defendants caused any marking to be placed on or about the curb as a warning to the motoring public.
    • That despite the steep, unmarked, unobservable and hazardous curb and the dangerous condition that prevailed at the location of the accident that is the basis for this matter that existed on a daily basis, no Defendants made any effort to remedy the hazardous condition.
12. The above daily conditions of the steep, unmarked and unobservable curb adjacent to the asphalt island constituted a dangerous condition of public property that was a legal cause of the injuries incurred by Plaintiff MIGUEL GAMA MACIAS.
13. Upon information and belief, all of the above dangerous conditions existed at the time of this accident, March 25, 2010.
14. Defendants, the STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SAN CLEMENTE and DOES 1-100, inclusive, knew, or should have known, that the dangerous condition of the steep, unmarked and unobservable curb would expose the motoring public, and Plaintiff, MIGUEL GAMA MACIAS to the risks and dangers of not being able to pull to the shoulder of the roadway safely.
15. At all relevant times, the dangers and risks created by the dangerous condition of the public property was foreseeable to, and preventable by, Defendants, the STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SAN CLEMENTE and DOES 1-100, inclusive, in the exercise of reasonable care. At all times relevant, Defendants, the STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SAN CLEMENTE and DOES 1-100, inclusive, had the resources reasonably available to be applied to the proper task of correcting, preventing, and/or ameliorating the existence of the dangerous and defective condition.
16. The acts, omissions and conduct of Defendants, the STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SAN CLEMENTE and DOES 1-100, inclusive, in causing, allowing, creating and failing to warn the public about said dangerous condition of public property was a legal cause of the severe injuries to Plaintiff, MIGUEL GAMA MACIAS.
17. As a result of the foregoing, Plaintiff, MIGUEL GAMA MACIAS is entitled to damages from Defendants, the STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SAN CLEMENTE and DOES 1-100, inclusive, as alleged herein.

WHEREFORE, Plaintiff prays for Judgment against all Defendants as follows:

1. Compensatory damages, including but not limited to compensation for past and future pain, suffering, disfigurement, disability, emotional and mental distress and worry, medical expenses, loss of wages, loss of earning ability, and other rehabilitative, palliative, and corrective care for the personal injuries sustained by MIGUEL GAMA MACIAS;
2. The costs and disbursements of this action; and
3. Any other further and different relief as deemed appropriate by the Court.

DATED: November 12, 2010 Bisnar Chase Personal Injury Attorneys

______________________________________ BRIAN D. CHASE SARAH C. SERPA Attorneys for Plaintiffs