Restaurant patron turns the wrong way out of parking lot onto one-way highway.
Past non-economic damages: $1,500,000
Future non-economic damages: $3,500,000
Liddy Law Firm by Donald G. Liddy and Paula J. Khehra, Pasadena.
Johnston & Hutchinson LLP by Thomas J. Johnston, Los Angeles.
Lewis Brisbois by Dana Fox and Matthew Harrison, Los Angeles. (For Peterson Enterprises, LLC dba
Tharpe & Howell by Kevin Mitchell and Diana Rivera, Sherman Oaks. (For Terry Allen Turner.)
Brad Avrit, civil engineer, Los Angeles.
Jon Landerville, accident reconstruction, Torrance.
For Terry Turner:
Mark Rieser, traffic safety engineer, Santa Monica.
Christopher Gayner, accident reconstruction, Los Angeles.
For Geoffrey’s Malibu:
Paul Guthorn, mechanical engineer, Signal Hill.
Warren Vander Helm, parking design, Long Beach.
William Neale, accident reconstruction, Greenwood Village.
On the night of March 16, 2011, defendant Terry Allen Turner, a tourist from Oklahoma, had dinner at Geoffrey’s restaurant in Malibu. After dinner, he attempted to leave the restaurant by turning left onto PCH. PCH is one-way with a median barrier in front of Geoffrey’s restaurant, and plaintiff's turn put him head-on into oncoming traffic. Joseph Annocki was riding his motorcycle southbound on PCH when he attempted to avoid the Turner vehicle, fell off of his motorcycle and was killed.
Eileen Annocki and Joseph Annocki, Sr., the parents of 41 year old Joey Annocki, sued defendants Terry Allen Turner, Peterson Enterprises LLC dba Geoffrey’s Malibu, and Caltrans, for the wrongful death of their son.
The case against Geoffrey’s was dismissed on demurrer by Judge Amy Hogue. Justice Johnson, writing for a unanimous Court of Appeal, reversed, finding that Geoffrey’s had a duty to warn its customers and had notice of the dangerous condition. Particularly because of nighttime conditions, the likelihood of serious injury, the configuration of Geoffrey’s driveway, and the fact that customers are served alcohol.
Plaintiffs contended that Geoffrey’s or Caltrans should have warned customers at the subject driveway of the one-way highway.
Geoffrey’s contended the paddles (reflective median barrier) along PCH were sufficient to warn customers of the one-way traffic. Caltrans claimed they had no duty to warn.