The following blog entry is written to illustrate an example of a personal injury case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)
Plaintiff, 36, arrived with a friend October 1, 2009 at Access ABC of the ABC Area. The Area land, located in Sacramento County, was owned, managed and supervised by the State of California. Plaintiff rode his 2005 Honda CRF 450 dirt bike into the staging area at approximately 9 a.m., when he hit a cable loosely connected to two portable concrete barriers, lost control of his bike, was thrown into the air and landed on his head. The barriers were allegedly set up by Game and Fish employees.
He was air lifted to the hospital and underwent surgery on his cervical spine, moved to ABC Hospital Oct. 3. He was discharged Dec. 2.
Plaintiff and his mother filed a complaint in the Sacramento County Superior Court against the State of California for gross negligence and negligence.
Plaintiff claimed the cable was brown, not taut, not properly painted or marked by strips of flags. It reportedly sagged to a height of barely five inches above the ground and that vegetation and brush obscured visibility. He was also wearing a helmet, chest protector, riding boots, knee and elbow pads, gloves, and polarized goggles at the time of the incident.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
The plaintiffs alleged the State and its employees were grossly negligent in failing to properly design the staging area and failing to inspect and maintain it to assure the area was clear of user hazards.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.