San Diego County just finalized a nearly $24 million settlement for a bike accident that happened in 2014. The cyclist was ultimately paralyzed and suffered a number of other significant injuries while riding on Fiesta Island, and sued the County in 2016 claiming that the city needed to take better care and consideration of road conditions.

 

Juan Carlos Vinolo was hit by a car being driven by an intoxicated driver on a one-way street blind turn. The driver, Theresa Lynn Owens, has been convicted of driving under the influence of methamphetamines and is presently serving a 19 year prison sentence. Vinolo claims that the road was made even more dangerous due to overgrown bushes and high berm issues that officials supposedly knew were issues, though they chose to not address them.

 

According to NBC San Diego, the $23.75 million payout is one of the largest the city has needed to pay to a single plaintiff in recent history. Despite this being the case, the civil jury assigned 27% liability to the city and 73% liability to Owens. City Attorney Mara Elliot explained that officials couldn’t be expected to keep intoxicated drivers off the road, let alone keep them from speeding down a one-way road in the wrong direction. 

 

Before the crash, Vinolo is claimed to have been riding his bicycle with a large group of friends who would often train together for Fiesta Island races. City attorneys argued that riding quickly and in close proximity to other riders is a “hazardous recreational activity,” and that participating in those actions could be a legal disqualification from seeking damages.

 

In addition to Vinolo being paralyzed from the chest down due to a severed spinal cord, Fox 5 San Diego made notes of other injuries the cyclist suffered as a result of the accident, including a dislocated left clavicle, 8 broken ribs, and needing to spend 33 days in the ICU. Further, The San Diego Union Tribune described that Vinolo had also lost a kidney, was on dialysis for almost 3 weeks while the other kidney recovered, that the victim had damage to his liver, lungs and spleen, and that he needed to spend 70 days in the Sharp Memorial Rehabilitation Center in Kearny Mesa. Doctors also say that he’ll be in a wheelchair for the rest of his life.

 

“The city created, fostered and maintained Fiesta Island in such a manner to exponentially increase the risk of serious injury to cyclists that use the Fiesta Island Road,” the lawsuit says. This is further pressed upon in the suit, detailing that one week after the crash the then-mayor had announced a number of upgrades to the roads, like bush trimming and new sign installation. At the time, Vinolo’s lawyers estimated that the city could owe the plaintiff up to $60 million.

 

Vinolo’s wife, Emma Ibarragorri Gutierrez, is also taking part in the settlement, suing for loss of consortium. The couple is suing the city under government code section 835, claiming that public property was in dangerous condition.

 

As for the source of the money, it’s been reported that taxpayers will pay $3 million of the settlement fees and that the remainder will come from a money pool partnership from other local government agencies who are sharing liability.

 

The Tribune also noted that this is not an isolated incident for the community, citing at least two other similar cases related to road quality issues. An audit for the city said that San Diego might reduce the almost $25 million average it spends per year in lawsuit payouts. The audit also claimed that the city needs to invest in better employee training and stronger analyses of risks in order to take proactive measures.

The post San Diego Sued $24 Million by Paralyzed Cyclist appeared first on Personal Injury Lawyer Los Angeles CA.

Photo of West Coast Trial Lawyers West Coast Trial Lawyers

Neama Rahmani is the President and co-founder of West Coast Trial Lawyers.

Neama graduated from UCLA at the age of 19 and Harvard Law School at the age of 22, making him one of the youngest graduates in the 200-year history of the…

Neama Rahmani is the President and co-founder of West Coast Trial Lawyers.

Neama graduated from UCLA at the age of 19 and Harvard Law School at the age of 22, making him one of the youngest graduates in the 200-year history of the law school. Upon graduation, Neama was hired by O’Melveny & Myers, the largest law firm in Los Angeles, where he represented companies such as Disney, Marriott, and the Roman Catholic Church.

But Neama wanted to help ordinary people, not corporations, so he joined the United States Attorney’s Office, where he prosecuted drug and human trafficking cases along the United States-Mexico border. While working as a federal prosecutor, Neama captured and successfully prosecuted a fugitive murderer and drug kingpin who had terrorized Southern California and was featured on “America’s Most Wanted.” Neama was then appointed to be the Director of Enforcement of the Los Angeles City Ethics Commission, an independent watchdog that oversees and investigates the elected officials and highest level employees of the City of Los Angeles, including the Mayor and City Council. He held that position until becoming a trial lawyer for the people.

Neama has extensive trial experience. He has led teams of more than 170 attorneys in litigation against the largest companies in the world. Neama has successfully tried dozens of cases to verdict as lead trial counsel, and has argued before both state and federal appeals courts. Over the course of his career, Neama has handled thousands of cases as attorney of record and has helped his clients obtain more than $1 billion in settlements and judgments.