At a glance
- Case
- Vinolo v. City of San Diego
- City share of fault
- 27%
- Driver share of fault
- 73%
What happened
A criminal wrong-way crash
A driver high on methamphetamine sped the wrong way down a one-way road and struck a cyclist, leaving him paralyzed. The driver was convicted and is serving a 19-year prison sentence.
But the lawsuit did not stop with the person who caused the crash. Plaintiffs argued that the City’s overgrown shrubs and high berms were a “dangerous condition of public property” because they blocked cyclists’ view of a vehicle traveling the wrong way—even though no vehicle should have been traveling in that direction.
The liability rule
A 27% finding created much larger exposure
The jury assigned the City 27% of the fault and the drug-impaired driver 73%. Under joint and several liability, however, the City could have been required to pay all economic damages—not simply its percentage of the blame.
Jury’s allocation of fault
“We disagree with the jury verdict that holds taxpayers responsible.”San Diego City Attorney’s Office
Taxpayer impact
A settlement of nearly $24 million
Plaintiffs’ attorneys said damages could exceed $60 million. Under joint and several liability, the City could have been required to pay all economic damages despite being found only 27% at fault. Ultimately, the City of San Diego settled for nearly $24 million to limit potential taxpayer costs from a crash caused by a drug-impaired, wrong-way driver.
Why this matters
When a criminal driver causes a catastrophic crash, taxpayers should not inherit a multimillion-dollar bill because of shrubbery.