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Dangerous Conditions of Public Property Lawsuit Filed Against City of San Clemente

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The Bisnar Chase Personal Injury Attorneys California personal injury lawyers have recently filed a lawsuit against the City of San Clemente, the State of California, and the County of Orange for hazardous conditions of public property.

In March of 2010 Miguel Gama Macias from Santa Ana was riding his motorcycle along the Southbound I-5 near the El Camino Real exit in San Clemente. As he began to make a legal stop on the right shoulder of the freeway, he suddenly hit a dangerously steep, unmarked curb. Miguel was thrown from his motorcycle and endured severe, permanent injuries from the collision.

Allegedly Dangerous Roadway is the Responsibility of the City, County and State

Lawyers of Bisnar Chase Personal Injury Attorneys allege that roadway was hazardous prior to Miguel’s motorcycle collision. The unmarked and unexpected curb was located adjacent to an asphalt island between lanes reserved for through traffic and the shoulder of the road. While a car may have been able to maintain control after suddenly striking an unknown curb of this height, Miguel’s motorcycle could not and the collision resulted in a serious, tragic accident.

The suit is filed against the city of San Clemente as well as Orange County and the state of California because all of the defendants are responsible for providing a hazard-free roadway with all possible dangers and steep curbs clearly marked.

“Motorists have a legal right to safe roadway conditions when they travel,” said Brian Chase, senior partner of Bisnar Chase Personal Injury Attorneys. “And local municipalities and state governments bear a legal responsibility when hazardous conditions exist that compromise safe travel. In this case, Miguel suffered severe personal injuries that will forever debilitate him due to the negligence demonstrated by the city, county and state.”

The lawsuit filed on behalf of Miguel seeks compensatory damages for all of his suffering, past and future, as well as stress, medical expenses, and loss of earnings and capability. The case is pending at the Orange County Superior Court, case #00424537.

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