Two-vehicle collision: Unreasonable sight obstruction: Spinal separation: Aortic aneurysm: Settlement: Verdict

Law Reporter, May 2002

Two-vehicle collision: Failure to install median barrier: Multiple fractures: Settlement.

Crook v. State, Cal., Los Angeles County Super. Ct., No. MC007886, Sept. 21, 2001.

Crook, 41, was traveling north on a highway, A tractor-- trailer heading south reportedly made an unsafe lane change, cutting off another vehicle and causing it to cross the center divider and strike Crook's vehicle head-on. Crook suffered fractures to her left femur and right ankle, wrist, and hand; teeth avulsions; and abrasions and contusions. She now uses a wheelchair. Her past medical expenses are $410,000, and her future expenses are projected to exceed $2 million. Crook had been a realtor earning $46,000 annually. She is unable to return to work.

Crook sued the state, alleging there was a dangerous condition of public property due to the lack of a median barrier on the highway. In addition, plaintiff claimed defendant was aware of the condition from the history of cross-median accidents on the highway.

The parties settled for $2.5 million, including $80,000 to a state fund for a workers' compensation lien.

Plaintiff's expert witnesses included Harry Krueper, traffic engineering, San Bernardino, Cal.; Sara Guentz, life care planning, Long Beach, Cal.; Robert Lawrence, medical expenses, and Don Anderson, realty issues, both of Palmdale, Cal.; and Peter Formuzis, economics, Santa Ana, Cal.

Defendant's experts included Richard Ryan, traffic engineering, Rancho Cordova, Cal.; Edward Giroux, accident reconstruction, Grand Terrace, Cal.; Darryl Zengler, economics, Pasadena, Cal.; Perry Aster, life care planning, South Pasadena, Cal.; and Edward Workman, rehabilitation, San Clemente, Cal.

Plaintiff's Counsel

*Eugene W. Comroe, Woodland Hills, Cal.