This Friday, a judge will review
The judgment was to be finalized last month. However, San Juan Capistrano decided to file an objection to the jury findings and overturn the verdict. Superior Court Judge Thierry Colaw set a hearing to hear the City of San Juan Capistrano’s motion this Friday.
In December, an Orange County jury found that the City of San Juan Capistrano liable to Miller because the City created a dangerous condition at an intersection. Miller was the passenger on his friend Scott Agostini’s dirt bike. Overgrown vegetation in the median of the intersection made it difficult for Miller and Agostini to see oncoming traffic as they attempted to cross the intersection of San Juan Creek Road and Paseo Christina.
The jury ruled in favor of the bicyclists, ruling the City of San Juan Capistrano to pay Miller $7.1 million and $1.1 million to Agostini. The verdict was reached three years after the bicycle accident and after Miller unsuccessfully attempted to settle the suit in mediation. Prior to the jury’s verdict, the City of San Juan Capistrano’s only offer was $1 million, which Miller rejected.Follow us!