EL CENTRO, Calif. - (Business Wire) Greene Broillet & Wheeler won a $2.4 million jury verdict on behalf of Antonio Rosiles on November 6, 2008 in Imperial County Superior Court in his civil suit against the County of Imperial for failing to properly warn motorists about an obstruction in the road created by a County Road Work Crew. Mr. Rosiles suffered a ruptured aorta, numerous orthopedic injuries, punctured lungs, and vocal cord paralysis among other severe injuries when he was involved in a vehicular accident caused by the County of Imperial. Of the $2,390,790.00 actual award, the jury apportioned 77% of fault to Imperial County and 23% to the Plaintiff.
The trial began on October 8, 2008 and went to the jury on November 5, 2008. The case was heard before the Hon. Joseph W. Zimmerman. Mr. Rosiles was represented at trial by Bruce A. Broillet and Alan Van Gelder with the Santa Monica, CA. law firm of Greene Broillet & Wheeler (www.greene-broillet.com) and Alicia A. Slaughter and Mark D. Slaughter with the San Diego, CA. law firm of Slaughter & Slaughter. Antonio Rosiles vs. Imperial County, et. al., Case No. ECUO2935.
"The jury’s verdict affirms that public safety always comes first," stated Bruce A. Broillet. "Had Imperial County followed the proper procedures, utilized the proper warning signs, and properly positioned, equipped, and trained its flagmen, Mr. Rosiles’ tragic accident could have been avoided. This case serves as a strong reminder to all governmental agencies performing road work that the onus lies with them to provide adequate safeguards to protect unwary motorists of oncoming hazards in road construction zones."
On the morning of August 18, 2005, Stockton, CA resident Antonio Rosiles, then age 54, was lawfully driving a tractor-trailer westbound on Keystone Road in Imperial County. Up ahead, work was being conducted by an Imperial County Road Work Crew that was just west of a blind and descending curve on Keystone Road that was not visible to approaching drivers. The proper procedure was to set up three warning signs and a flagman both east and west of the road work and road obstruction in order to warn drivers about the obstruction and to control the flow of traffic so that drivers could safely navigate around the road work and obstruction.
The Defendant followed this procedure on August 17, 2005 and during the early morning hours of August 18, 2005. However, at around 9:00 AM on August 18th, the County Road Crew began working without required signs and without properly positioned flagmen, causing a tanker to come to a halt in the Westbound lane, and causing a tractor trailer truck to come to a near stop in the Eastbound lane. It was at this time when Mr. Rosiles came around the blind curve that he was confronted with the Road Crew and the stopped/slowed tractor trailer and tanker truck. Due to the lack of warning, Mr. Rosiles was surprised by the County Road Crew and the obstructed tanker truck and tractor trailer.
Mr. Rosiles tried to stop and avoid the obstruction, but he was ultimately forced to collide with the tractor trailer. Had the signs and flagman been properly placed, Mr. Rosiles would not have gone around the blind curve until the tractor trailer and tanker truck had cleared the Road Crew and the work zone. It should be noted that when the County was following proper procedure earlier in the day, and the day before, no accidents occurred. Mr. Rosiles' collision occurred less than fifteen minutes after the County violated proper procedure.
As a result of the collision, Mr. Rosiles was air-lifted to the University of California at San Diego Medical Center, and was placed in a medically induced coma for over a month. Mr. Rosiles will have to live with numerous physical, cognitive, and emotional injuries for the rest of his life. He filed a civil suit on March 7, 2006 against Imperial County for Dangerous Condition on Public Property and Negligence of Public Employees.
Editor’s Note:
Plaintiff Antonio Rosiles was represented by Bruce A. Broillet and Alan Van Gelder with the Santa Monica, CA. law firm of Greene Broillet & Wheeler (www.greene-broillet.com); Telephone (310) 576.1200 and Alicia A. Slaughter and Mark D. Slaughter with the San Diego, CA. law firm of Slaughter & Slaughter.
Defendant Imperial County was represented by Charles A. Viviano with the Viviano Law Firm in San Diego, CA; Telephone (619) 497.3030.
Greene Broillet & Wheeler, LLP
Kathy Pinckert, 949-887-0106
Director of Marketing & Media Relations
Kpinckert@greene-broillet.com
