Facts

On April 4, 2021, at 9:45 a.m., plaintiff Steven Lewis was riding his bicycle with other riders westbound on Santiago Canyon Road approaching the intersection with Jamboree Road, in the City of Orange. At the same time, Leora Burbank was driving westbound on Santiago Canyon Road from her home to church. Both moved toward the left turn lanes to take left turns on to Jamboree Road. Neither saw the other and they collided. Defendant County of Orange owns Irvine Regional Park, which is accessed from Jamboree Road, a few hundred yards from the intersection where the collision occurred. On the day of the collision, County employees arranged for traffic cones to be placed at the intersection of Chapman Avenue, Santiago Canyon Road, and Jamboree Road, to serve as traffic controls. The placement of the cones caused many drivers to make illegal U-turns in order to access the park.

PLAINTIFF'S CONTENTIONS: Plaintiff claimed that the placement of the traffic cones created a dangerous condition of property controlled by the County of Orange that caused the accident.

DEFENDANT'S CONTENTIONS: The County claimed that the accident was not caused by the placement of the traffic cones, but by the action of Leora Burbank.

Settlement Discussions

The parties attended mediation with Joseph E. Thielen of Judicate West on April 18, 2024, but did not make any progress toward a settlement.

Injuries

Plaintiff suffered broken left femur, reduction in range of motion and flexibility of left hip and knee joints; scarring from road abrasions and surgical incisions; stroke, causing permanent loss of vision in left eye; cracked tooth filling requiring emergency root canal.

Result

Summary Judgment for defendant County of Orange.

Other Information

The plaintiff settled with the driver, Leora Burbank, and with defendant Parking Concepts, Inc. (a contractor hired by the County of Orange to assist with traffic). The City of Orange was dismissed following the sustaining of its demurrer.