Vol. 58 No. 1

Trial Magazine

Verdicts & Settlements: Government Liability

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Dangerous condition of public roadway

January 2022

Two days after the National Weather Service issued flash flood warnings, Michael Williams, 41, was driving through a neighborhood in the city of Victorville, Calif. Residents there had reportedly expressed concerns over the area’s history of flash flooding during rainy periods.

As he drove his vehicle, Williams was unexpectedly swept up by water that flooded the roadway. He drowned after becoming trapped in his car as flood waters and debris submerged the vehicle. Williams had been a forklift driver and is survived by his wife and two minor children.

Williams’s wife and children sued the city, alleging it created a dangerous condition by failing to timely close the roadway despite the warnings of a severe storm event. The plaintiffs also claimed that the city had failed to maintain drainage in the area, including clearing out storm drains and catch basins. Finally, the plaintiffs asserted that the city’s road design created a dangerous condition.

The defendant argued that the roadway was not a dangerous condition of public property because it did not create a substantial risk of injury when used with due care. The defense also asserted that it was not liable for an injury resulting from use of a roadway during weather conditions.

The parties settled for $2.5 million. Each of Williams’s children received approximately $1.12 million, and his wife received the remainder.

Citation: Williams v. City of Victorville, No. CIVDS1723305 (Cal. Super. Ct. San Bernardino Cty. June 17, 2021).

Plaintiff counsel: AAJ member Bradley S. Wallace, Encino, Calif.; AAJ member Rodney S. Diggs and Jubin J. Niamehr, both of Los Angeles; and Britany M. Engelman, Beverly Hills, Calif.