Source: East Valley Tribune (Mesa, Ariz.) (TNS)
A woman is demanding $2 million to settle a claim accusing the City of Mesa of creating an unsafe condition during a water improvement project at an intersection that led to her injuries.
Mesa declined to comment citing pending litigation. The city has 60 days to respond to the claim submitted April 30. A claim is a precursor to a lawsuit.
The attorney for Lily Carlsen, 18, did not respond to a request for comment.
According to the claim, the Nov. 30 accident occurred at the intersection of Higley and McDowell roads, which was under construction. On that day, even though work was not being performed, an excavator was left in the middle of the intersection.
“The construction equipment was large and created a significant hazard for the motoring public because it obstructed lines of sight,” the claim states.
“Signage in and around the work site was insufficient to direct traffic and/or prevent traffic from making unsafe maneuvers, such as left-hand turns, at the intersection.”
A man driving west on McDowell Road failed to see oncoming traffic due to the work-site barricades and the excavator when he made a left-hand turn on Higley Road and collided with Carlsen’s vehicle.
Parked excavator obstructed vision: suit
Carlsen claimed she sustained various injuries, including a traumatic brain injury, hip pain, should pain, neck pain and bruises on her lower calf.
She sought treatment at a number of medical facilities, including Banner Urgent Care, Sonoran Radiology, Emergency Physicians Southwest and Advanced Motion Chiropractic.
“The injuries that Lily sustained from this collision have significantly impacted her quality of life,” attorney Ashley Ann Ploof said in the claim. “She has spent months suffering from post-concussive symptoms as well as severe pain throughout her body. Her pain is so severe that it impacts her everyday routine and social life.”
The claim accuses Mesa of negligence and breach of duty for causing Carlsen’s accident.
“The injuries and damages suffered by her were caused in whole or in part by the actions and/or omissions of the City of Mesa and/or its Public Utilities and their agents, employees and assigns regarding this incident,” the claim said.
“The City of Mesa, its officials and/or its Public Utilities failed to properly maintain the intersection/construction zone at Higley Road and McDowell Road.”
It further accuses the city, its employees and agents of failing to follow proper protocol and procedures regarding the construction zone and should have known that the construction area “posed an unreasonable risk of harm.”
According to the claim, if the city doesn’t settle, the money amount would likely be higher if a lawsuit proceeds.
“By the time this case would get to trial, many of the ‘unknowns,’ including the full extent of the harms and losses suffered by the claimants would be known,” the claim said.
“At that time, the fair and reasonable settlement value of the case (or fair and reasonable jury verdict) may be different for any number of reasons that are impossible to know with certainty as of the time of this writing as it has only been a short period of time since the incident.”
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