The defendants were aware of the dangerous conditions of the roadway due to increased serious and fatal car accidents
Los Angeles, CA (Vocus) September 16, 2010
An Azusa Pacific University (APU) student represented by the California personal injury attorneys of BISNAR | CHASE (http://www.BestAttorney.com ) has won a $1.5 million judgment against the City of Azusa, California. The judgment stems from a dangerous condition of public property and motor vehicle negligence lawsuit that was filed after a February 2008 incident in which Julie Farris, a student at APU, suffered a severe, permanent brain injury when she was struck by a trolley that was owned by the university while riding her bicycle to class. Julie, the plaintiff in this case, originally brought the action against the City of Azusa, APU and the driver of the university's trolley. The judgment against the City of Azusa was recorded on September 10, 2010 in the Los Angeles County Superior Court, case # KC055075.
Catastrophic Personal Injuries After Trolley Collides with Bicyclist
The lawsuit alledged Julie Farris was riding her bicycle on the 800 block of East Foothill Boulevard, between Citrus Avenue on the east end, and the west campus of Azusa Pacific University campus on the west end, on February 19, 2008. A trolley owned by Azusa Pacific University and driven by a university employee, Oscar Armando Galan, struck Julie causing her to sustain catastrophic personal injuries, including a severe and permanent brain injury.
Lawsuit Alleged Unsafe Roadways in the City of Azusa
The lawsuit against the City of Azusa alleged that bicyclists and pedestrians traveling between the east and west campuses of Azusa Pacific University were forced into a time and space trap which exposed them to an unreasonable risk of serious personal injury on a congested, narrow public roadway planned, managed, operated and maintained by the City of Azusa.
Students trying to return to the east campus from the west campus frequently traveled this roadway against traffic due to a lack of bike paths, a bike lane, crosswalks and/or traffic signals that would allow students safe travel to and from classes and residence halls. The hazardous condition of the roadway was exacerbated by the presence of parked cars that further narrowed the usable surface of the street.
Azusa Allegedly Failed to Improve Known Hazardous Road Conditions
BISNAR | CHASE lawyers alleged that the university failed to install crosswalks or traffic signals that would allow students to safely cross the busy roadway during peak times of the day when motor vehicle traffic was the most congested. In particular, because of the lack of crosswalks and traffic signals, bicyclists had no other choice but to travel head-on into oncoming traffic, versus with the flow of traffic, further increasing the roadway's dangerous conditions.
"The defendants were aware of the dangerous conditions of the roadway due to increased serious and fatal car accidents," said Brian Chase, a senior partner at BISNAR | CHASE. "They had been provided funding to make improvements, but instead, they recklessly and negligently used those funds for other projects at the expense of public safety."
Azusa Pacific University Allegedly Failed to Properly Plan for and Take Steps to Protect Its Students
In the trial against Azusa Pacific University, which is slated for February 2011, lawyers for BISNAR | CHASE will attempt to prove the college failed to meet its duty of due care which it owes to its students to protect them from harm created by unsafe conditions created by its operations. One alleged breach of this duty occurred as the result of the scheduling of the location and times of its classes in a manner that increased traffic congestion and intensity along the roadway. Another breach allegedly occurred in the planning and building phases of the project, when the university should have worked with the city to provide safeguards for the students it knew would be traveling from one campus to the other, but failed. Lastly, BISNAR | CHASE will allege that the APU trolley drive was negligent in operating the trolley and when it struck Ms. Farris.
The lawsuit seeks economic damages for severe personal injuries, pain and suffering, past and future hospital, medical and other healthcare expenses, and loss of past and future wages and earning capacity. The case against Azusa Pacific University will be tried in February 2011 in the Los Angeles County Superior Court, case # KC055075.
About BISNAR | CHASE
BISNAR | CHASE Los Angeles personal injury attorneys represent people who have been very seriously injured or lost a family member due to an accident, defective product or negligence throughout California. The law firm has won a wide variety of challenging cases against governmental agencies, including school districts, Caltrans, cities, the State of California and the U.S. Federal Government. For more information, visit http://www.CaliforniaInjuryBlog.com. Get a complimentary copy of The Seven Fatal Mistakes That Can Wreck Your California Personal Injury Claim.