Jane Doe v. Jerry Berkowitz and others
- Resolution Date:
- June 2005
- Practice Areas:
- Motor Vehicle Accidents, Head and Spinal Cord Injuries
- Synopsis:
- In November 2001, a 44-year-old female optician was driving her Isuzu Amigo north on Walnut Boulevard toward Concord Avenue in Contra Costa County. At the same time, Jerry Berkowitz was driving his Cadillac east on Concord toward the same intersection. Berkowitz failed to notice a stop sign and drove through the intersection, broadsiding Jane Doe's car. The collision partially ejected Jane Doe from the car, who was wearing her seatbelt. She sustained brain damage and numerous fractures. Berkowitz claimed he did not see the stop sign because the oleander bushes located on the adjacent property partially covered it. Jane Doe sued Jerry Berkowitz, the property owner, and Contra Costa County. Jane Doe contended that Berkowitz was negligent for failing to stop at the stop sign and for speeding. Jane Doe contended that the County was negligent because it had recently moved the stop sign closer to the oleander bushes, and after moving the stop sign, the County did not raise the sign to increase its visibility nor did it continue to trim the bushes away from the sign. The plaintiff also argued that the fence, trees and bushes on the property violated County ordinances, resulting in an inability to see crossing traffic. The matter settled before trial.
- Attorneys:
-
William Veen
Anthony Label
Cynthia McGuinn - Resolution:
- $5.8 Million