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Motorcyclist loses case against the city of Stockton, California for negligent road construction
Accident Type:
Motorcycle AccidentIncident Date:
Monday, October 12, 1981Result Date:
Wednesday, April 4, 1984Monetary Result:
$0Topics:
Court:
San Joaquin Superior Court
Early in the morning on October 12, 1981 Jerry Baudensdistel, a 21-year-old shift supervisor at a bakery was driving his motorcycle down Charter Way in the city of Stockton. A pickup truck emerged off of Aurora Street, and Baudendistel slams his motorcycle into the truck, and was ran over by a third vehicle. He sustained serious injuries in the crash, including partial paraplegia, with a loss of functioning below the waist. He also suffered constant muscle spasms.
Baudendistel decided to sue the city of Stockton for negligent road construction. He argued that he could not see far enough down Charter Way to be able to see a vehicle coming out of Aurora Street.
The city claimed that there was no lack of sight distance and that sight distance was not a proximate cause of the accident.
Ultimately, the city of Stockton won the case and Baudendistel was not given any award.
Motorcyclist loses case against the State of California for negligent road design
Accident Type:
Motorcycle AccidentIncident Date:
Wednesday, June 14, 1978Result Date:
Monday, May 23, 1983Monetary Result:
$0Topics:
Court:
Tehama County Superior Court
This accident happened on June 14, 1978, at 4:10 p.m., in clear weather, on SR 36, at the Mill Creek Bridge in Tehama County. Daniel Blake, a 22-year-old assistant manager at a pizza parlor, was driving over the bridge when he ran into the re-acclimate seal on the roadway. He claimed that it was after the motorcycle ran over the seal that he lost control of his motorcycle. An oncoming vehicle struck Blake's leg and the rear half of his motorcycle. He suffered serious injuries that resulted in the loss of his right leg above the knee, as well as fractures and lacerations. He was in the hospital for three and a half months.
Blake decided to sue the State of California for negligent road construction. He argued that there was not proper signage designating the appropriate speed crossing the bridge, and therefore he was driving too fast when he hit the seal on the pavement.
The state contended that Blake was negligent in operating his motorcycle at a high rate of speed, and that his excessive speed caused the crash and his injuries.
In the end, the state won its case, and Blake did not receive any award for his injuries.