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A Restaurant Owner Was Found Liable for a Motorcycle Accident Outside Their Exit

In the state of California, and most states throughout the nation, owners of property have a legal responsibility to let patrons know if their property is unsafe in any way or if there are unsafe conditions somewhere on their property. In the event a property owner does know about hazardous conditions and doesn’t let patrons know, they can be held liable. A recent case in Los Angeles considered the limits of this. Read on to learn more and then contact Law Offices of Fernando D. Vargas at 909-982-0707 if you need to talk to a personal injury attorney about your own accident.

The facts behind the case

The accident itself happened back in March of 2011. A man named Terry Turner was visiting from Oklahoma and ate at a Malibu restaurant. When he was done with his dinner, he tried to turn left onto Pacific Coast Highway. This is a one-way road in front of the restaurant and there’s a median that’s used to divide the traffic that’s going the other direction. Turner didn’t realize this and turned left directly into traffic.

Joseph Annocki Jr., who was riding a motorcycle, was driving down Pacific Coast Highway at the time. He attempted to avoid Turner’s car but ended up losing control of his motorcycle. He fell off and unfortunately lost his life. His parents have filed a wrongful death case against not just against Turner but against the restaurant. They claim the restaurant was negligent under premises liability laws.

The plaintiff’s side of the story

According to the plaintiff, the restaurant had a responsibility to warn patrons of the restaurant that the road in front of the exit was a one-way road. They believed that since the restaurant sold alcohol and that the driveway didn’t make it clear that a person couldn’t turn left out of the exit, they had a responsibility. They also argued that it was confusing for patrons who were leaving at night.

The defendant’s side of the story

The owner of the restaurant argued that there is a reflective barrier that divides the road and that it provided sufficient warning. His legal team also argued that it wasn’t the responsibility of the restaurant to inform patrons of the traffic laws or patterns around their restaurant.

The outcome of the case

The trail was heard before a jury and lasted nine days. The jury took nearly three days to reach a verdict: They found in favor of the plaintiff for $5 million. However, they found that the Turner was 50% responsible for the accident, Caltrans was 15% responsible, and that the restaurant was 35% responsible. They found that the past non-economic damages were $1.5 million and that future non-economic losses were $3.5 million.

If you’re facing a similar case, or if you believe you have grounds for a wrongful death case, then it’s time to call Law Offices of Fernando D. Vargas. We’ll start off with a free legal consultation during which we advise you of your options. You deserve to know what your rights are. Contact us at 909-982-0707 today.