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Last November,
a jury hit the California Department of Transportation (Caltrans)
with a sizeable verdict for failing to install a traffic signal
at an intersection in Apple Valley, California.
Richard
Herchelroath, 49, suffered a spinal cord injury that left him permanently
disabled when he collided with another motorist who turned left
directly in front of him at the intersection. He sued Caltrans,
alleging it had failed to install a signal light even though it
knew the intersection was dangerous. Caltrans argued the other motorist's
negligence was the sole cause of the accident.
"We
decided that the way to win this case was to convince the jury,
through the testimony of their own local people, that the intersection
was dangerous and that Caltrans knew about it," said the man's attorney.
At
trial, the engineer for Apple Valley testified that the intersection
was so dangerous the town had offered to pay Caltrans to install
a traffic light. The head accident investigator for the state highway
patrol, who tracked the number of accidents at the intersection
by placing pins on a map, said that he ran out of room to put the
pins. He testified that he and his chief told Caltrans they had
to do something to reduce the "inordinate number of serious and
fatal accidents" at the intersection.
Other
key evidence establishing that Caltrans knew the intersection was
dangerous included a petition signed by 870 local residents and
three letters from a local businessman asking Caltrans to install
a signal light.
This
case shows the primary role that jurors play in our civil justice
system. "We were talking to a group of people who were not going
to be persuaded by quick talking experts and fancy demonstrative
evidence," counsel said. "We tried the case based on the testimony
of local residents and merchants."
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