Settlement:
$9.35 Million
Case Synopsis:
Motorist Injured Due to Dangerous Condition of Public Property
Plaintiff Jean Horihata suffered a traumatic brain injury and neck injuries requiring an immediate cervical fusion following a collision with another vehicle at a dangerous T-intersection located at Cahuenga Boulevard and Oakshire Avenue in Los Angeles.
Three days prior to the collision, another incident occurred at the same location which required the replacement of the damaged traffic signal pole which supported a triphase traffic light on an overhanging arm extending out into the intersection. The City had already determined that a tri-phase traffic signal being placed on an overhang arm extension at this T-intersection was needed so that motorists could have proper visibility. However, when the City replaced this tri-phase traffic signal after it was damaged, it was replaced with a temporary tri-phase traffic signal that did not include an overhang extension. As a result, the tri-phase traffic signal lacked reasonable visibility to motorists.
On the day of Ms. Horihata’s collision, a motorist driving the speed limit did not observe the temporary traffic signal had turned to red, testifying that he did not see the traffic signal until the last second before entering the T-intersection. At the same time, Ms. Horihata, who had been waiting for the red light to turn green so she could make a left turn, entered the T-intersection on the green light and was struck by the other motorist who ran the red light.
Throughout the case, Ms. Horihata contended that lack of reasonable visibility of the tri-phase light, as well as the lack of advanced warnings including putting all lights on a flashing red sequence, was the cause of the motorist running the red light and causing the collision that injured her. The case settled against the City of Los Angeles for $9,350,000.
Ms. Horihata was represented in the matter by David Rudorfer and Wyatt Vespermann as well as by co-counsel, Jonathan Howell, of Howell LLP.