The Mudcat Café TM
Thread #103749   Message #2599823
Posted By: Amos
29-Mar-09 - 11:45 AM
Thread Name: BS: News of Note (was 'I Read it . . .')
Subject: RE: BS: News of Note (was 'I Read it . . .')
MONTEREY, Calif. (AP) ―

A Monterey County jury has ordered the state to pay $8.6 million to a motorcyclist who was severely injured when he struck six wild boars on a state highway in 2003.

The jury ruled Friday that the state was responsible for Adam Rogers' injuries because officials knew that wild pigs regularly crossing a stretch of Highway 1 just south of the Carmel River were creating a dangerous situation, but they did nothing to address it.

Rogers, a 45-year-old former karate teacher and champion kickboxer, suffered serious injuries and is now confined to a wheelchair. He and his wife sued the state Department of Transportation in Monterey County Superior Court.

DOT attorneys argued that the state wasn't responsible for the actions of wild animals and said Rogers was under the influence when he struck them. A test found Rogers had a blood-alcohol level of more than .10 after the crash, but the jury concluded that wasn't a major factor in the crash.

Rogers' attorney, Larry Biegel, argued that the state knew the pigs were crossing the road to feed on vegetation in a nearby environmental restoration project. The state later put up a pig-crossing sign and used hunters to help control the pig population.

"This was a situation that they, the state, created, and then once they created it and saw what was happening they did nothing to stop it," Biegel said Saturday.

Most of the $8.6 million award will go toward Rogers' medical bills. Biegel said Rogers requires around-the-clock care and won't walk again. He said he still suffers from gaps in memory as a result of massive head injuries he suffered when he was thrown from his motorcycle.