A settlement has been reached in a 2006 accident in La Jolla. 71-year-old Robert Coon had been riding his bicycle in the bicycle lane on La Jolla Mesa Drive when his front tire got caught in a sunken depression in the roadway. Mr. Coon was thrown of f the bike and landed on his head, neck, and shoulder. He suffered a fractured neck and mild traumatic brain injury. His injuries required neck surgery; however, Mr. Coon continued to experience pain and numbness in his legs and buttocks. He then underwent epidural corticosteroid injections and lumbar laminectomy, foraminotomy, and decompression to his central spinal cord. This aggravated Mr. Coon’s pre-existing spinal stenosis. He continues to experience pain and numbness in his lower back and buttocks, and this may require an additional neck operation. Mr. Coon also underwent knee surgery.
Mr. Coon believed that Westcoast Communications Co., an agent of Time Warner Cable, was responsible for the depression in the roadway. In 2000, the City of San Diego required Time Warner to move their overhead wires underground. Time Warner hired Westcoast Communications to dig a trench and install their wires underneath the bicycle lane on La Jolla Mesa Drive. Construction and industry standards required Westcoast Communications to place a concrete cap over the trench and compact the backfill material. This would prevent the asphalt from sinking and creating a depression. Westcoast Communications claimed they were unaware of the City Standards and therefore did not cap the trench or compact the backfill. Consequently, a 4-inch depression resulted in the bike lane on La Jolla Mesa Drive. Mr. Coon also believed the City of San Diego should have been aware of the condition of the roadway because the depression had been present for three years prior to his accident. It was discovered that the City had failed to inspect the area.
Time Warner Cable Co. and Westcoast Communications argued that SDG&E and Par Electric were primarily responsible for the depression. They claimed the companies had previously dug trenches and had not arranged the backfill correctly, allowing ground water to penetrate the backfill, causing the depression. SDG&E and Par Electric denied any responsibility, claiming their work had met City standards.
The case was settled for $1,830,000.
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