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BISNAR CHASE Files Lawsuit Against City of San Clemente, California for Dangerous Condition of Public Property

Newport Beach, CA (Vocus) December 15, 2010

The Orange County personal injury attorneys of BISNAR CHASE (http://www.bestattorney.com) have filed a lawsuit against the City of San Clemente, California for dangerous condition of public property. The suit stems from a March 2010 incident in which Miguel Gama Macias, a resident of Santa Ana, California, was severely injured after he struck a raised curb with his motorcycle on the Southbound I-5 Freeway near the El Camino Real exit in San Clemente. The suit alleges Macias struck the dangerous curb, which was unmarked to motorists and too steep to navigate across safely, after he attempted to make a legal stop on the right shoulder of the freeway. The lawsuit, which also names the State of California and the County of Orange as defendants in this case, seeks damages for pain and suffering, disfigurement and disability, emotional and mental distress, medical expenses, loss of past and future earnings and court costs. The case is pending in the California Superior Court of Orange County, case # 00424537.

Alleged Dangerous California Roadway Severely Injures Motorcyclist

According to court documents, Miguel Gama Macias was riding his motorcycle March 25, 2010 at approximately 11:00 PM on the I-5 Freeway South, near the El Camino Real exit in San Clemente, California, when he attempted to make a legal stop on the right hand shoulder of the road.

As he attempted to safely pull over, Miguel's motorcycle collided with an unexpected, unobservable and unmarked raised curb adjacent to an asphalt island located between the lanes reserved for through traffic and the paved shoulder of the road. Miguel sustained severe, permanent and debilitating injuries as a result of the collision.

San Clemente, County of Orange, State of California Named as Defendants

The lawsuit alleges the City of San Clemente, the County of Orange and the State of California bear responsibility in this case due to hazardous roadway conditions that caused Miguel to sustain severe personal injuries.

Those hazards include a curb that was unmarked and unobservable by the motoring public and a curb that was too steep for drivers to safely navigate across it. What's more, the suit alleges that in spite of these dangers, there were no signs that alerted motorists to the hazards, nor did the city, county or state remedy the problem in any way to prevent crashes from happening in that vicinity.

"Motorists have a legal right to safe roadway conditions when they travel," said Brian Chase, senior partner of BISNAR CHASE. "And local municipalities and state governments bear a legal responsibility when hazardous conditions exist that compromise safe travel. In this case, Miguel suffered severe personal injuries that will forever debilitate him due to the negligence demonstrated by the city, county and state."

The lawsuit seeks compensatory damages for past and future pain and suffering, disfigurement, disability, emotional and mental stress and worry, medical expenses, loss of earning ability and other rehabilitative, palliative and corrective care for the personal injuries Miguel sustained. The case is pending in the Orange County Superior Court, Judge Andrew P. Banks presiding, case #00424537.

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Client Reviews of Bisnar Chase

“John Bisnar was so professional and caring. When I found myself in this situation and never having a car accident before I didn't know what steps to take. Mr. Bisnar explained every single detail to me and what to expect. His staff was amazing, friendly and seemed to really care about me as a person. I lost all doubt I may have had about dealing with personal injury lawyers and couldn't be happier with the level of service I received. I was constantly updated on my case status and received far more from my settlement than I expected.”

by Brady M.

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“I just wanted everyone to know how grateful Miguel and Luga were to your office and everyone that participated in their case. I met with them this morning to give them their settlement checks - Miguel stated from the first time he walked into our office and from walking out the door today was one of the most heartwarming experiences he has ever had. They both felt cared for and taken care of every step of the way! I just wanted to pass that on to each of you and to applaud you for such a fine job!”

by M E.

reviewed at Yelp

“We received an email from A.G. Edwards stating they have received the settlement check from Nissan. Once again, I cannot begin to articulate our gratitude to the Bisnar Chase staff - we are so very thankful for all you have done for Josh. As parents, Charlotte and I can rest in peace, when that day comes, knowing that Josh's needs have been taken care of, and his financial future is in good hands with sound financial planners at A.G. Edwards. On December 17, 2003 we received a call from the paramedics stating that Josh and Lisa had been in a severe accident, and we needed to meet them at the emergency room. I remember telling God that I can deal with missing limbs because they can be replaced, but please do not take him from us. A month later we met with members of your staff for the first time, Josh had a traumatic brain injury and his future was looking pretty bleak; we had no idea where he would be eighteen months later. All we could think of at the time was that our son's future, his goals, and dreams had been taken from him so abruptly. As time passed, Josh continued to improve and he began his journey of recovery. Many have been involved in this process, and you and your staff have been an integral part of Josh's recovery, and we will be forever grateful. God has brought so many people into our lives, and we are so very blessed. Numerous emails were sent to Personal Injury Attorney's. John...you were on a ski trip at Big Bear with your family, and you were the only Personal Injury Attorney to respond - I believe this was divine intervention. Josh has a professor from Mt. San Jacinto College who has taken him "under his wing," and is showing him other career possibilities. John, the future looks good for Josh - thank you!”

by K N.

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