Disrupted asphalt caused by tree roots and camouflaged by the trees’ shade caused a bicyclist to crash on Via Zumaya in Palos Verdes Estates, California, causing the cyclist to suffer injuries that included a fractured pelvis. Partner Gerald Agnew claimed that the roadway presented a dangerous condition to cyclists.
Though the city defended the claim, blaming the cyclist’s speed and bicycle handling for the accident, Mr. Agnew was successful in mediating with the government entity. AgnewBrusavich obtained a settlement of $400,000 for the cyclist’s injuries. The road has since been repaired.
Mr. Agnew attributes this success to the firm’s early involvement in the case, which enabled Mr. Agnew to obtain a complete reconstruction of the accident and detailing the roadway, and the conditions which caused the accident.