Bisnar | Chase recently filed a lawsuit on behalf of Julie Farris, a 21-year-old graphic designer, who suffered severe brain injuries after she was hit by a trolley car on Foothill Boulevard on February 19, 2008, while riding her bicycle to Azusa Pacific University. This personal injury accident may not have occurred if an area of Foothill Boulevard near Azusa Pacific University's campus were better constructed. Farris underwent two brain surgeries, a seven-month hospital stay and a two-month coma. She also suffered damage to her nervous system and what most certainly is permanent brain damage. Our lawsuit names both the city of Azusa and the university in the lawsuit. We believe that both these parties are liable for Farris' trolley-bicycle accident and resulting personal injuries.
But Azusa city officials blame our client for the bicycle accident. They told the San Gabriel Valley Tribune that they believe the conditions on the street were safe and adequate. They call the accident "tragic and unfortunate," but state that it happened because Farris was "operating her bicycle unsafely." Farris was riding on the opposite side of the street toward oncoming traffic. But as our Senior Partner Brian Chase points out, Farris was forced to do that because of overcrowded pedestrian traffic and lack of sidewalk. By poorly designing that roadway, the city created a dangerous condition there.
Farris was caught between the cars and an Azusa Pacific University trolley and suffered massive personal injuries. We also believe that the university trolley driver was inattentive and Azusa Pacific owed a special duty to its students to provide them with a reasonably safe method to travel between the east and west campuses. In just a year and three months, our client is looking at more than $1 million in medical bills. We are also seeking future potential wages and compensation for emotional damage on Farris' behalf.
California’s Government Code section 835 provides that a public entity or governmental agency is liable for damages to an injured person because of a condition of public property when the injured person proves that:
- There was a dangerous condition on the public property at the time of injury
- The injury was proximately caused by the dangerous condition
- The dangerous condition created a reasonably foreseeable risk of injury of the kind that occurred; and
- Either (a) The negligent or wrongful action or failure to act of an employee of the public entity created the dangerous condition, or (b) the public entity had actual or constructive notice of the dangerous condition a sufficient time before the injury to have taken measures to protect against the dangerous condition.
The city and the university should have had better safety measures in place for pedestrians and bicyclists in that area. The street and campus design lacks crosswalks, bike paths, traffic signals and parking, causing a dangerous roadway condition. This was an unfortunate bicycle accident waiting to happen. In fact, I wouldn't be surprised if the issue of this dangerous roadway has come before the city and university officials in earlier incidents.
SLS Consulting