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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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