Case Background
On April 19, 2021, Bobby Worthy rode his bicycle near Wilshire Boulevard and Bixel Street in Los Angeles. The roadway in that area was uneven, broken, and deteriorated. It was left in disrepair without barricades or warnings. The City of Los Angeles, County of Los Angeles, and California Department of Transportation controlled the premises. Worthy claimed these public entities allowed a dangerous roadway condition to persist.
Cause
While operating his bicycle, Worthy encountered the broken and uneven roadway. He struck a pothole or similar defect. The lack of maintenance, failure to repair, and absence of warning signs caused him to lose control. He alleged that the defendants negligently, recklessly, and wantonly managed and safeguarded the roadway. This failure to act created a foreseeable risk of harm.
Injury
Worthy lost control of his bicycle and fell. The accident caused him serious bodily injuries. He required medical treatment and claimed significant physical harm. The complaint described his injuries as a direct result of the unsafe roadway conditions.
Damages
Worthy sought compensation for multiple harms. He claimed wage loss, hospital and medical expenses, general damages, loss of earning capacity, and other financial losses. He also alleged emotional and physical suffering caused by the crash.
Key Arguments and Proceedings
Legal Representation
Plaintiff: Bobby Worthy, an individual
Counsel for Plaintiff: Peter N. Hakim
Defendants: California Department of Transportation | City of Los Angeles | County of Los Angeles
Counsel for Defendants: Lilya Dishchyan | Manal H. Pelch | Patrick Edward Stockalper
Claims
Worthy filed his complaint as an unlimited civil case, seeking damages exceeding $25,000. He asserted one cause of action: Premises Liability.
Count One – Negligence: Defendants negligently owned, maintained, and managed the premises.
Count Two – Willful Failure to Warn: Defendants failed to guard or warn against a dangerous condition.
Count Three – Dangerous Condition of Public Property: Defendants owned public property with a hazardous condition. He alleged they had actual or constructive notice and failed to correct it.
The claims invoked California Government Code Sections 835 and 815.2. Worthy stated he served damage claims on October 11, 2021. The County rejected its claim on October 19, 2021, while the City and Caltrans did not reject theirs.
Defense
The County of Los Angeles filed its answer denying all allegations of negligence and liability. It asserted that Bobby Worthy did not suffer injuries or damages due to any act or omission by the County or its employees. The County raised numerous affirmative defenses, including failure to state a cause of action, expiration of statutes of limitation, and contributory fault of the Plaintiff and third parties.
It also argued that Worthy assumed the risk, failed to mitigate damages, and was barred by defenses such as waiver, estoppel, laches, unclean hands, and government immunity. The County further claimed the condition was trivial, open and obvious, or caused by superseding events, acts of God, or the plaintiff’s peculiar sensitivities. It sought apportionment of any damages among all responsible parties and requested dismissal of the complaint, recovery of costs, and other appropriate relief.
Settlement
The case of Bobby Worthy v. City of Los Angeles, County of Los Angeles, and California Department of Transportation reached a conditional settlement. On November 4, 2024, Plaintiff’s counsel, Peter Hakim, filed a Notice of Settlement of Entire Case in the Los Angeles Superior Court, Van Nuys Courthouse East. The settlement amount was $140,000, with dismissal conditioned on completion of specified terms by February 2025.
Court Documents
Court documents are available for purchase upon request at [email protected]
