Date: 10-31-2006

Case Style: Tony Martin, Jr. and Liv Martin v. State of California Department of Transportation

Case Number: PC035379

Judge: John Farrell

Court: Superior Court, Los Angeles County, California

Plaintiff's Attorney:

Lawrence Grassini, Roland Wrinkle and Don Liddy of Grassini & Wrinkle, Woodland Hills, California

Defendant's Attorney:

Janine R. Fowler and Steven J. Dadaian, Deputy Attorney, State of California, Department of Transportation, Los Angeles, California

Description:

Tony Martin, Jr. and Liv Martin sued the State of California Department of Transportation for the catastrophic injuries and property damages sustained by them as a result of an automobile accident on October 31, 2003. Martin, age 56 and a songwriter, was driving his car northbound on Interstate 5, just north of Templin Highway, when he lost control of his car and went over the embankment. Just 6 days before antoher motorist knocked out that same section of embankment guardrail and the State had notice, but failed to fix it in time. Plaintiff is the son of singer Tony Martin and actor/dancer Cyd Charisse. Claiming injuries, Martin sued the State of California alleging a dangerous condition of public property. Plaintiffs' counsel contended the State should have repaired the damaged guardrail end treatment along the interstate prior to the accident. They argued the guardrail would have prevented Martin's car from tumbling down the embankment and therefore the State was liable for his injuries.

Defense counsel countered plaintiff would not have struck the guardrail had it been in place at the time of the accident; guardrail lend treatment designed to break-away and would not have redirected the vehicle at his speed and angle; and that six days was not sufficient time to have repaired the prior damage in light of fact that wildfires were raging in the area and the Caltrans Maintenance crews were busy with road closures for the fire. Caltrans further asserted that Martin's own negligence was the cause of his injuries because he lost control of his car.

Martin sustained head injury that caused severe brain damage, a fractured pelvis, a fractured kee, and numerous facial fractures. His wife claimed loss of consortium and loss of society. Martin was taken to the hospital where he was in a coma for several weeks. His brain injury reduced his brain function to that of a 5-year-old and needs round the clock nursing care.

Plaintiff was a studio musician who had recorded for the Beatles, The Beach Boys and various MOTOWn bands. Plaintiffs' claimed $893,000 in past medical costs and future medical costs of $9,200,000.

Outcome: Defendant's verdict

Plaintiff's Experts: Sharon K. Kawai, life care planner, Fullerton, California; Ted M. Kobayashi, Livermore, California, accident reconstructionist; Harry J. Krueper, Jr., San Bernardino, California, traffic engineering; Michael Shapiro, M.D., Newhall, California, orthopedic surgeon; Joseph Terrazino, M.D., Mission Hills, California, physiatrist

Defendant's Experts: Unknown

Comments: Reported by Steve Dadaian