Summary Judgment in Personal Injury Case

January 1, 2005

Victor Lee and Michelle Hancock successfully defended a personal injury case involving a  single car accident that occurred on Murrieta Road in Riverside County.

Plaintiff was a passenger in a vehicle being driven by her boyfriend when he lost control of the vehicle and it flipped over.  Plaintiff filed suit against the County of Riverside and CP Construction, alleging the accident occurred due to a dangerous condition of public property.  CP Construction completed work on Murrieta Road weeks before the accident, yet Plaintiff contended CP Construction might have left equipment or materials in the area.  Plaintiff alleged that materials left in the area caused the vehicle to lose control and flip over, causing Plaintiff’s serious injuries.

There was no evidence supporting Plaintiff’s conditions, particularly since CP Construction had completed work at least two weeks prior to the accident. There were no other work activities taking place in the area, and the police investigation confirmed the roadway was clear at the time of the accident.

Both the County of Riverside and CP Construction moved for summary judgment on the basis that Plaintiff had no evidence that there was a dangerous condition, and that in fact there was no dangerous condition.  The Court took the matter under submission and ultimately ruled in favor of the defendants.  The Court found that Plaintiff had not raised a triable issue of fact, given all of the evidence submitted.