In Lindquist v. State of California, Walkup partners Rich Schoenberger and Doug Saeltzer, together with associate Joseph Nicholson, obtained what is believed to be a record verdict for Sonoma County against Caltrans for a dangerous condition of public property. Following a highly contested trial, the jury awarded Scott Lindquist $15,136,112 for his injuries, and his wife Alania Lindquist $1,211,250 for her loss of consortium.
Mr. Lindquist was injured while riding his motorcycle on southbound Highway 12 between Santa Rosa and the town of Sonoma. At the junction of Highway 12 and Arnold Drive he was using the shoulder to turn onto Arnold because there was no dedicated right turn lane. As he turned he was struck by an SUV that was also turning right onto Arnold. Rich and Doug contended that the roadway was in a dangerous condition because it did not conform to the Caltrans design plans, it failed to give clear guidance to motorists where to make a right turn, and because Caltrans had failed to take action to prevent drivers from using the shoulder to make this right turn, knowing full well that this had become the custom at this location.
Caltrans argued that the roadway was not dangerous as proved by the lack of any similar accidents in the prior 10 years. It also alleged that Mr. Lindquist violated the Vehicle Code when he passed stopped traffic using the shoulder to make his right turn, and that he was driving too fast for conditions. Caltrans also sought to shift blame to the driver who struck him, claiming that driver was the cause of the injuries. Finally, the State asserted Government Code section 830.6 (Design Immunity) which went to the jury.
The SUV driver denied he was negligent and contended plaintiff was at fault for using the shoulder to make his right turn and for driving at an excessive speed. Plaintiff conceded his own negligence, but demonstrated that Caltrans was primarily responsible for the tragic collision.
Mr. Lindquist, 68, suffered multiple orthopedic injuries and a severe traumatic brain injury which left him comatose for weeks, and physically unstable thereafter. By the time of trial, he required constant supervision. His frontal lobe damage left him impulsive, paranoid, and without motivation, a shell of the dynamic person he once was. Past and future medical expenses exceeded $7 million.
After two days of deliberations the Sonoma County jury delivered a verdict finding the roadway dangerous, and rejecting Caltrans’s design immunity defense. The jury apportioned 60% of fault to Caltrans and 40% to plaintiff.
We congratulate Rich, Doug and Joseph for their superior work on behalf of the Lindquist family, and for obtaining a result which will provide Scott Lindquist with the supervision and care he requires in order to optimize his quality of life during his retirement years.
