Vol. 56 No. 4

Trial Magazine

Verdicts & Settlements: Government Liability

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Dangerous condition of roadway

April 2020

Jeffrey Knopp, 60, was riding his bicycle on a mountainous roadway that had a shoulder in places but narrowed in areas where the city of Los Angeles had installed a rock fence and railing. While Knopp was riding uphill, Joshua Willis’s vehicle struck him. Knopp landed on a metal guardrail and suffered fatal injuries. He had been a truck driver earning approximately $65,000 annually and is survived by his wife and adult son.

Knopp’s wife and son sued the city, alleging the roadway constituted a dangerous condition of public property. The plaintiffs argued that drivers were not alerted that part of the roadway lacked a shoulder and that the transition from a shoulder to a shoulderless roadway was too abrupt. Additionally, the plaintiffs asserted that drivers could not perceive this abrupt change due to the presence of bike lanes in other parts of the roadway.

Suit also alleged Willis was liable for Knopp’s wrongful death. The jury awarded more than $4.73 million.

Citation: Knopp v. City of Los Angeles, No. BC 665467 (Cal. Super. Ct. Los Angeles Cty. Nov. 26, 2019).

Plaintiff counsel: AAJ member Lawrence Grassini and Robert Reagan, both of Woodland Hills, Calif.

Plaintiff experts: Ed Ruzak, traffic engineering, Fountain Valley, Calif.; Jon Landerville, engineering and accident reconstruction, Torrance, Calif.; Paul Kayfetz, comparison photogrammetry, Bolinas, Calif.; and David Fractor, economics, Pasadena, Calif.

Defense experts: Rock Miller, traffic and civil engineering, Orange, Calif.; Stephen Blewett, traffic reconstruction, Altadena, Calif.; Henricus Jansen, accident reconstruction, El Segundo, Calif.; and Ted Vavoulis, economics, Los Angeles.