A Superior Court jury on Thursday rejected a Fresno family's $5.6 million claim against Fresno County, saying the county was not responsible for the death of a motorcycle rider who crashed on a curvy foothill road in September 2004.
Ihab Abouelfittouh, 41, was killed when his motorcycle ran off Watts Valley Road and hit an exposed culvert east of Fresno.
Jurors agreed the exposed culvert was dangerous because it was about a foot from the roadway. But they also said Fresno County was not at fault because the dangerous condition was not foreseeable.
The panel voted 12-0 to refuse economic and general damages to Abouelfittouh's wife, Kimberly, and two children.
The civil trial in Judge Bruce Smith's courtroom examined Fresno County's practice of maintaining hundreds of miles of meandering foothill roads, many of them former wagon trails.
Abouelfittouh was a rising Caltrans civil engineer who was responsible for delivering transportation projects for counties throughout Central California. Lawyers agreed Abouelfittouh was traveling north on Watts Valley Road, going 50 mph in a 55 mph zone, when he ran off the east side of the road and hit a metal drainage culvert Sept. 24, 2004.
He was thrown from his 2002 Yamaha 1100cc motorcycle and had massive head injuries despite wearing a helmet and other protective gear. He died at the scene.
After the verdict, the family's lawyer, Rick Watters, said he respected the jury's decision. The county's lawyers, James Weakley and Leslie Dillahunty, also praised the panel.
"It was a tragic case and difficult because Mr. Abouelfittouh was a likable man," Weakley said.
Jurors told Weakley that three main factors played a role in their decision:
Abouelfittouh was considered a novice rider — he purchased his motorcycle, which he nicknamed "The Black Panther," in May 2004, about five months before the accident.
Before the fatal ride, the organizer of the trip had sent Abouelfittouh and the others an e-mail that said Watts Valley Road has lots of curves so "riders should ride in their comfort level."
Many or all of the Caltrans employees who rode with Abouelfittouh are experts on road designs. But none of them called Fresno County after the accident to say Watts Valley Road is dangerous.