California  |  Personal Injury

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2/25/03, 3:17 am

Legal Question


Can I sue the State of California?

A short time ago, my wife, 19 month old, and myself were involved in a head on car collision on CA Hwy 99 between Pixley and Earlimart. We were going Northbound and were hit by a 15 year old drunk driver who lost control of his car while going Southbound. My wife has a broken collar bone and a bruised tail bone and was not hospitalized. My son was also treated and released for a small scrape. All three of us were wearing seat belts and were driving a mini-van. My son was in a child seat behind me and my wife was seated next to him. My left femur (upper leg) sustained a compound fracture while both my right tibia and fibula (between the ankle and knee) had multiple breaks. I was hospitalized for 17 days and had two major sugeries. I will need to go extensive physical therapy. The van was totaled. This all having being said, my question is this: Can we sue the State of California for not having a guard rail between the two lanes at this portion of the highway when it does provide such railings in other areas? Thanks.


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