Public Entity Liability

Bicyclist Injured by Road Hazard -- $9,500,000 Settlement
Our attorneys achieved a settlement on behalf of 29-year-old amateur cyclist whose front tire became wedged within the broken grates of a storm drain cover.  The claim was brought against Alameda County.  Our client was traveling at roughly 10 miles an hour when he was propelled over the handlebars as his bike came to an abrupt stop.  He landed on his head and fractured his neck.  The action was brought against the City and County for violating provisions of the California Government Code requiring that public property be kept in a safe condition.  Our attorneys were able to find other citizens who had complained about the problem in the past, thereby putting the City on notice.  The settlement included both lump sum and future annuity payments to provide for the increase in cost of attendant care throughout our client’s life. 

Dangerous Construction Site – $7,000,000 Settlement
Our construction site specialists represented a 40-year-old utility worker who was badly burned over more than 60 percent of his body while performing routine telephone line replacement.  During the course of his work, a rotted power pole fractured, and high voltage lines carrying in excess of 12,000 volts of electrical current fell on our client who was standing in his bucket truck.  Our attorneys brought suit against the responsible utility, and demonstrated that the rotten pole should have been discovered more than five years before the date of this tragedy. Using experts in the field of plastic surgery, internal medicine, forensic economics, and job site management, our attorneys recovered $7,000,000 on behalf of the injured worker.  The recovery included reimbursement for lost wages and future wages and benefits as well as past medical expenses exceeding $1,000,000.  As part of the settlement, our attorneys also negotiated reimbursement and resolution of an outstanding worker’s compensation lien in excess of $1,000,000. 

Flooded Roadway – $4,500,000 Settlement
Our team represented a 14-year-old boy riding as a rear seat passenger in a car that was involved in a head-on collision in Bakersfield, California.  As the car encountered a rural intersection, the driver found the roadway flooded.  No warning signs had been erected.  Although it had been raining earlier, it was not raining at the time of the collision.  The flooded roadway caused the car to hydroplane and rotate, crossing into oncoming traffic, and colliding head-on with a car traveling in the opposite direction.  Our young client sustained a major head injury, including coma.  He also sustained fractures of his left leg and right arm.  His medical bills exceeded $500,000.  Because of his brain damage, experts forecasted that he would be unable to be self-sufficient in the work place.  His future wage loss was estimated at over $800,000.  Our attorneys achieved a settlement of $4,500,000 against defendants including the local county water district, the county road department, and the opposing driver. 

Wrongful Death of Child - $ 2,250,000 Settlement
Walkup wrongful death trial lawyers represented the parents of a 14-year-old eighth grader who drowned in an East Bay public pool when three lifeguards on duty failed to see him submerged in 6 feet of water. The swim center, operated by the local park district, was supposed to have provided competent lifeguards. The drowning occurred during a junior high school year-end picnic. At the time, dozens of eighth graders were in the pool. In spite of accepted industry standards obligating life guards to scan their assigned pool zone every 30 seconds or less, none of the three lifeguards ever saw the youngster despite the fact he was directly in front of them. At deposition, none of the lifeguards were able to explain how the drowning occurred, or why they did not see the boy sooner. One of the junior high school students, not a lifeguard, was the first person to notice that our clients' son was under the surface of the water. The boy was the oldest of five children. The case was settled for $2,250,000 following an all-day mediation.

Streetcar Strikes Pedestrian - $2,000,000 Settlement
Walkup government liability lawyers brought suit against the City of San Francisco and the San Francisco Municipal Railway, ultimately obtaining a settlement in the amount of $2,000,000 on behalf of a 90-year old woman who was struck by an N-Judah Street Car at the intersection of 9th Avenue and Irving Street in San Francisco. The plaintiff, a holocaust survivor, was unable to clear the path of the streetcar which turned left against a red light. The settlement was achieved at private mediation, following the completion of a documentary video which detailed the extent of her injuries, as well as the devastating impact the injuries had on her life and family.

Pedestrian Struck by Light Rail Vehicle -- $2,000,000 Settlement
We obtained a cash and annuity settlement in the amount of $2,000,000 on behalf of 16-year-old girl who was struck by a San Francisco Municipal Railway LRV near Stonestown, on 19th Avenue, suffering amputation of her left lower leg below the knee.  The child was crossing the street with the green light at the same time a southbound LRV “M-Line” train was passing through the intersection.  Our lawyers demonstrated that the timing sequence of the various signal lights governing the direction of the train, and the pedestrian walkway, gave both parties the green light at the same time, creating a recipe for disaster.  The City claimed that the child was partially at fault for failing to see and appreciate the oncoming train.  The case was resolved after two sessions of mediation with a retired Justice of the First District Court of Appeal. 

Police Misconduct – $1,500,000 Settlement
Our wrongful death specialists negotiated a settlement in the amount of $1,500,000 against a local police department for the wrongful death of a bank executive who was mistakenly arrested for being drunk in public.  In fact, the decedent had fallen and suffered from a subdural hematoma.  Under the police department’s then-existing policy, “suspected drunks” were placed in holding cells until they sobered up.  After the deceased could not be roused after five hours in a district station, medical personnel were summoned, but it was too late to prevent his death from global brain damage.  Our attorneys recovered pre-death medical specials of $300,000, plus an amount to compensate the surviving heirs for the decedent’s lost future earnings in his occupation as a bank vice president at a national financial institution.

School Abuse – $250,000 Settlement
Walkup attorneys negotiated a cash and annuity settlement on behalf of a 9-year-old boy having a total cash value of $250,000.  The child was physically and verbally abused by his teacher at school over a 6-month period.  The mistreatment culminated in the teacher’s throwing the child across the room into a wall.  Shortly thereafter, the teacher was terminated.  The defendants included the daycare facility and the teacher.  Our attorneys demonstrated that the facility had received numerous complaints from other parents regarding this very same teacher mistreating other children during the same period of time, and before our minor client was abused.  Our child sustained significant emotional distress as a result of the teacher’s actions.