Attorney Doug Peterson of the Keating, O’Gara Law Firm has filed a tort claim on behalf of a seriously injured client regarding an accident that occurred at a poorly designed roundabout in southwest Lincoln.
From the Lincoln Journal Star:
WOMAN SAYS COUNTY IS PARTIALLY LIABLE FOR MOTORCYCLE ACCIDENT
By Algis Laukitis
Lincoln Journal Star
Posted: Sunday, June 27, 2010 5:22 pmA woman who was severely injured in a motorcycle accident in May 2009 has filed a $1 million tort claim against Lancaster County.
An attorney for Lycebeth Loy alleges the county is partially liable because of inadequate warning signs and street lights at a roundabout in an undeveloped area of Lincoln.
Lycebeth Loy was a passenger on a motorcycle driven by her husband, Robert, when it struck a median as he approached the roundabout at Southwest Fourth Street on May 6, 2009.
Police say Robert applied his brakes, but lost control of the motorcycle and his wife was thrown to the concrete. Both Loys were wearing helmets.
As a result of her severe head injury, her attorney, Douglas Peterson of Lincoln, says Lycebeth Loy required emergency medical treatment and long-term medical care and therapy, the cost of which currently exceeds $300,000. She also asks to be paid for future medical care and past and future wages.
Tort claims are required by state law and are a prerequisite to filing a lawsuit in district court. A political subdivision can approve or disapprove a claim. Lycebeth Loy is asking for not less than $1 million, the maximum amount under the state’s Political Subdivisions Tort Claims Act.
The County Board is scheduled to vote on the tort claim on Tuesday. Such claims are routinely denied.
The Hallam couple filed a tort claim against the City of Lincoln in March because it was involved in the “design, maintenance and control” of the Denton Road detour along Amaranth Lane, which leads to the roundabout.
Peterson alleges Amaranth Lane was created for a proposed development of a Walmart shopping center and other commercial property. He says the lane was designed to be fully illuminated with a roundabout in the middle. The development was never built.
“Once the project went dormant, the road became a dark cornfield with an unlit roundabout in the middle of darkness,” Peterson wrote in the tort claim.
Peterson said the couple were unfamiliar with the road, did not know it had a roundabout, and could not see any reflective markers or any warning signs.
“We contend that it was very foreseeable that drivers would be completely unfamiliar with this area since the road has never been open to the public,” Peterson wrote.
“Drivers would be completely unfamiliar with a roundabout contained in the darkness of this road.”
If you or a loved one have been injured on a Nebraska road or highway due to improper signage or defective highway design, call the experienced lawyers of the Keating, O’Gara Law Firm for a free consultation: 888/234-0621.
