Governmental Liability Cases

When government agencies and their employees wrongfully cause harm to others, The McClellan Law Firm ensures that they are held accountable. Because of claim requirements, broad immunities and special pleading rules, bringing suit against a government is often complex and challenging.

The McClellan Law Firm has a long and successful background in representing victims of dangerous public conditions, unsafe roads and other designs, and individual governmental misconduct.

Below is a representative sampling of some of the results that The McClellan Law Firm has obtained on behalf of its clients in governmental liability cases.

In Henline v. State of California, et. al., Pamela Henline, age 51, was driving her Honda on the freeway when a truck began to enter her lane. She swerved to avoid it, losing control and hitting a construction barrier which had been placed at the side of the lane. Because her Seat Belt failed to properly restrain her, she suffered severe injuries.

The McClellan Law Firm brought suit against the State of California, the construction company it hired, the trucking company and Honda, the manufacturer of Pamela's car. The State of California and its construction company settled before trial for $2.75 million. Honda settled for a confidential amount. The case was tried against the trucking company, resulting in an $8.1 million verdict.

In Cooley v. State of Louisiana, a deceptive turn on a rural road with no shoulder or recovery area caused serious injuries to the plaintiff when his vehicle rolled down into a field after leaving the road. The State of Louisiana settled the case for $2.5 million.

In Sherman v. City of Vista, 19 year-old Sam Sherman lost a leg while working for the City of Vista in front of the Avo Playhouse at night. Sam was loading a truck with stage and other equipment when a drunk driver crashed into him and the truck. The attorneys of The McClellan Law Firm brought suit against the City of Vista, arguing that the City had failed to properly supervise Sam and had created an unsafe condition of public property. The attorneys of The McClellan Law Firm were able to defeat the City's repeated attempts to convince the trial court to throw out Sam's case, and the City agreed to settle the case for $2.3 million with trial pending. Click here to read an article about Sam and his case.

In John Doe v. State of California, the State of California agreed to pay $1.9 million after its failure to properly trim oleanders in the center median of Highway 5 South caused John Doe's Ford Mustang to climb the oleanders and flip after he drove into the median attempting to avoid a collision with another car. John Doe suffered quadriplegia as a result. The McClellan Law Firm argued that, because the State had failed to maintain the oleanders, they formed a type of "ramp" that launched the vehicle. The McClellan Law Firm argued that the proper role of median barriers is to safely redirect out-of-control vehicles, not to flip them. Ford Motor Company also paid an additional confidential amount to settle the case.

In Henline v. State of California, freeway construction barriers eliminated any recovery area, after the plaintiff's vehicle was cut off by a truck. Ms. Henline was partially paralyzed. The State of California paid $2,250,000 to settle.

In Banks v. State of California, the plaintiff was seriously injured after his truck swerved off the freeway and rolled over. The McClellan Law Firm argued that there should have been a guard rail to prevent vehicles from dropping off of the elevated roadway. The case settled at the beginning of trial for $1,250,000.

In McAllister v. County of San Diego, two high school students and sisters were killed when their car slid off the wet roadway surface into a tree that was too close to the road. The County settled for $1 million.

In Reveles v. City of Lemon Grove, a 17 year-old boy suffered a severe head injury after his vehicle was involved in a collision at a dangerously-designed intersection. The case settled for $1.2 million.

Please note that the results featured on our web site do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.