Baccouche v. State of California Dept. of Transportation CA2/8

Filed 3/4/16 Baccouche v. State of California Dept. of Transportation CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

HENRI BACCOUCHE, B259569

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. KC060256) v.

STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of Los Angeles County. Patrick Madden, Judge. Affirmed.

Kerry S. Schaffer for Plaintiff and Appellant.

Jeanne E. Scherer, Chief Counsel, Jerald M. Montoya, Deputy Chief Counsel and Mark A. Berkebile, for Defendant and Respondent.

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A jury rejected Henri Baccouche’s claim against the State of California, Department of Transportation (Caltrans) for injuries he sustained in an accident on Interstate 10. Baccouche challenges the verdict on the ground he should have been permitted to argue to the jury that Caltrans spoliated evidence by repairing the roadway. We affirm the judgment. FACTS While traveling west on Interstate 10 at 8:30 p.m. on October 31, 2009, Baccouche lost control of his motorcycle and crashed as he switched lanes to exit on the Baldwin Avenue Bridge. Baccouche’s friend, who was following him in a car, stopped to help. Paramedics also arrived and examined Baccouche before releasing him to go to the hospital in his friend’s car. Baccouche was admitted to the hospital for a fracture to his right ankle and injuries to his fingers, which required surgery. Prior to going to the hospital, Baccouche asked his friend to drive through the area again to try to determine what caused the accident. They exited the freeway and drove back through the scene of the crash twice, each time feeling a “jolt” as they drove over the approach slab of the Baldwin Avenue Bridge. Baccouche noted the location of the jolt. By the time the California Highway Patrol (CHP) arrived, Baccouche had already left to go to the hospital. The CHP officer noted an abandoned motorcycle on the right shoulder, but did not conduct an accident investigation. The motorcycle was towed and a form was mailed to Baccouche to alert him to the location of his motorcycle. About 10 days after the crash, Baccouche revisited the scene and took pictures and a five-minute video of the area. He noted several potholes in the area which may have caused the strong jolt he felt. On December 8, 2009, Baccouche requested the maintenance records for the Baldwin Avenue Bridge from Caltrans, indicating it was for “legal” purposes. An attorney from Caltrans contacted Baccouche the following day and Baccouche told him about the crash and his injuries. Baccouche also sent an email attaching the photos he took of the area. Baccouche was offered a $5,000 settlement, which he refused.