Defense Verdict in Claim by Police Officer Against City of Hermosa Beach
Kimball v. City of Hermosa Beach
Venue: California - Los Angeles County Superior Court -Torrance
Verdict: Defense verdict
Type of Case: Personal injury
Party Represented: City of Hermosa Beach
Plaintiff, a 49-year-old LAPD Captain, was on the return leg of a 52 mile bicycle workout, riding on an 8 foot wide, two-way bike path in the City of Hermosa Beach (case predates law eliminating bike path cases). Due to oncoming cyclists, plaintiff was forced to swerve to the right, into the curb, breaking his hip. He contended that the path was too narrow and should not have included a 2 foot wide gutter area next to the curb.
We argued that the path was reasonably safe per the (non-mandatory) Cal Trans standards when it was created in 1974, and that it had to fit unique space limitations in this beach community. We also pointed to a lack of prior similar accidents, the impropriety of using the bike path for a work-out ride with the presence of beach cruisers and pedestrians at noon on a Saturday in June, and plaintiff's use of snap in toe clips which prevented him from putting his foot down quickly. In addition to the broken hip, plaintiff claimed he was demoted at the police department because of his inability to pass weapons qualification due to finger numbness from an ulnar injury. The client was awarded a defense verdict.
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