CASEY GERRY SCHENK FRANCAVILLA BLATT & PENFIELD, LLP
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CASEY GERRY SCHENK FRANCAVILLA BLATT & PENFIELD, LLP
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The San Diego Union-Tribune
15 May 1992

Injured jogger awarded damages


CHULA VISTA – A Chula Vista man awarded more than $3 million by a jury this week hopes his victory focuses attention on what he believes is a dangerous stretch of Sweetwater Road.

Lee Johnson suffered brain damage and a severe knee injury almost three years ago when he was struck by a car while jogging west on Sweetwater Road in Bonita, near the entrance to Rohr Park. He subsequently sued the driver, Patrick Garza Jr., and the county of San Diego, claiming the county had created a hazardous situation when it widened the road in the mid-1980s.

"The money is great, but it’s not what I was looking for," said the 23-year-old Johnson, whose award came Wednesday. "I was concerned about other people being injured."

Jackie Stearns, the lawyer representing the county during the two-week trial in San Diego Superior Court, said county officials have not yet decided if they will appeal the decision. Garza will only be able to pay about $50,000, so the county could be on the hook for about $2.4 million, said attorneys for both sides.

Jurors found the county 35 percent at fault for not protecting pedestrians along Sweetwater Road and awarded Johnson $1.9 million in economic damages, of which the county will pay all but $50,000. The panel also awarded him $1.5 million in non-economic damages, and the county would be responsible for 35 percent of that amount.

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