A San Benito County civil court jury has ruled in favor of the
state in a man’s lawsuit seeking damages related to his accident at
Hollister Hills in 2003. The petitioners, Michael Miller and three
family members, had been suing the state for compensation for
injuries he sustained at the state vehicular recreation area.
HOLLISTER
A San Benito County civil court jury has ruled in favor of the state in a man’s lawsuit seeking damages related to his accident at Hollister Hills in 2003.
The petitioners, Michael Miller and three family members, had been suing the state for compensation for injuries he sustained at the state vehicular recreation area.
A civil court jury on April 13 decided in a 10-2 vote to rule against the petitioner and that the plaintiffs shall recover nothing from the state and the state will recover from the plaintiffs the cost of the suit.
The accident occurred on Feb. 9, 2003, when Miller drove his “dual-sport motorcycle” into what the complaint calls the sediment basin.
A “dual-sport motorcycle” is intended for freeway and off-road use but is meant more for paved roads. The motorcycle is equipped with lights, turn signals and tires geared toward paved road riding. Miller, as indicated in the complaint, was a “less sophisticated rider” on a “lower performance off-road vehicle.”
The basin, a large sand pit, is an area that is not designated as a trail, but there were no signs saying that it wasn’t a marked trail, according to the suit.
The suit contends that the State of California was or should have been aware that the basin was being used by off-road vehicles, even though it was not a marked path or designated riding area.
After stopping for lunch, Miller joined his sons around the basin area, which had been ridden by others and gave the appearance of an appropriate riding area, according to the court document. As he was joining his sons while riding “slowly and leisurely,” Miller fell 10 feet into the bottom of the basin. According to the suit it caused fractures of the spine, injury to the adjacent nerves, muscle and soft tissue, and ultimately quadriplegia and impairment of bodily function.
As a result of this injury, Miller was unable to follow his regular employment and required special care and equipment, according to the suit.
The lawsuit does not indicate their residence, and his attorney could not be reached before publication.
Although there was no specific amount of money listed in the complaint, the plaintiff was seeking compensation for special and general damages, pre-judgement interest, costs of the suit and other relief deemed proper by the court.
For an expanded version of this story, with reaction, see the Free Lance next week.
