Mild Traumatic Brain Injury

Conor M. Kelly obtained a $400,000 settlement on behalf of a veteran who sustained a mild traumatic brain injury and a fractured pelvis while riding with a group of three other cyclists on Skyline Boulevard when his front tire struck an area of uneven pavement. He lost control of his bicycle and fell to the ground striking his head and hip. Conor filed suit against the State alleging the roadway constituted a dangerous condition of public property. The State claimed that the road was not dangerous and that plaintiff was solely at fault for the incident. The State denied notice of prior accidents at his location, but during discovery Conor obtained documents which demonstrated Caltrans had been informed about problems with the pavement in the two years prior to the accident. During deposition, a Caltrans maintenance supervisor admitted complaints about the road were not promptly investigated as required by Caltrans policy. We retained experts who opined that the roadway was unsafe and that the plaintiff’s bicycle operation was reasonable. There was no wage loss claim and economic damages were limited to a VA lien for treatment at the San Francisco VA Hospital. The settlement was reached at mediation three weeks before trial.