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Old 04-04-2015, 04:40 PM   #1
hb7 OP
moto-science
 
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Joined: Jul 2007
Location: Lost, Still Lost......in Lost Angeles
Oddometer: 336
CHP Motor officers testify about the BMW R1150....

CHP Motorcycle Officer Sgt Gerard Diaz testified that on his
BMW 1150 motorcycle etc. he could easily handle a ~ 5 inch vertical ledge at ~70mph.

CHP Motorcycle Officer Louis Bravo testified that he could handle ~4 inch at ~70mph vertical ledge on his CHP motorcycle ( he didn't say what he was riding )

Imagine hitting a brick wall which is 4-5 inches tall at 70 mph ?
I can't.....imagine hitting a 4-5 inch wall at 70mph with a front tire that has a ~2 inch sidewall. Is there anything credible about their testimony ?
I think not with my 20+ years on a motorcycle.

Both officers were testifying in support of Caltrans against this badly injured motorcyclist who lost control from a collision with an elevated bridge slab at night ( bridge slab was ~1.5-2 inch higher than the approach slab.)

Presumably by posting their "fantastic" testimony here on the internet :
it can be shared with others in a similar situation. BMW R1150 is a good bike, but it's not that that good. I don't know of any motorcycle that could handle a ledge or slab 4-5 inches tall at ~70 mph.

Mr Schaffer is the Attorney for this injured Motorcyclist
Mr Rodriguez is the attorney for Caltrans.
The trial was in August 2014 in Long Beach CA.


(THE FOLLOWING PROCEEDINGS TOOK PLACE IN
OPEN COURT IN THE PRESENCE OF THE JURY:)
THE COURT: BACK ON THE RECORD. LET THE RECORD
REFLECT MEMBERS OF THE JURY ARE PRESENT TOGETHER WITH
COUNSEL, AND DEFENDANT MAY CALL HIS -- ITS FIRST WITNESS.
MR. RODRIGUEZ: THANK YOU, YOUR HONOR. STATE CALLS
OFFICER GERARD DIAZ.
THE COURT: STOP RIGHT THERE, OFFICER. RAISE YOUR
RIGHT HAND AND THE CLERK WILL GIVE YOU THE OATH.
THE CLERK: DO YOU SOLEMNLY STATE THAT THE
TESTIMONY YOU ARE ABOUT TO GIVE IN THE CASE NOW PENDING
BEFORE THIS COURT SHALL BE THE TRUTH, THE WHOLE TRUTH, AND
NOTHING BUT THE TRUTH, SO HELP YOU GOD?

THE WITNESS: I DO.
THE CLERK: PLEASE BE SEATED.
CAN YOU PLEASE STATE AND SPELL YOUR FIRST AND
LAST NAME FOR THE RECORD.
THE WITNESS: GERARD, GERARD DIAZ, G-E-R-A-R-D,
D-I-A-Z.
THE CLERK: THANK YOU.
THE COURT: YOU MAY PROVIDED.
MR. RODRIGUEZ: THANK YOU, YOUR HONOR.
GERARD DIAZ,
CALLED AS A WITNESS BY AND ON BEHALF OF THE
DEFENDANT, AND HAVING BEEN FIRST DULY SWORN BY THE CLERK
OF THE COURT, WAS EXAMINED AND TESTIFIED AS FOLLOWS:
DIRECT EXAMINATION
BY MR. RODRIGUEZ:
Q GOOD MORNING, OFFICER DIAZ. HOW ARE YOU
TODAY?
A GOOD. THANK YOU.
Q THANK YOU FOR COMING DOWN HERE.
OFFICER, CAN YOU TELL US WHERE YOU WORK?
A CURRENTLY WORK IN THE WEST LOS ANGELES CHP
OFFICE.
Q AND CHP STANDS FOR CALIFORNIA HIGHWAY PATROL,
CORRECT, SIR?
A CORRECT.
Q AND HOW MANY YEARS HAVE YOU WORKED FOR THE
CHP?
A 18 YEARS.
Q OKAY. AND WHAT DO YOU DO AS A CHP OFFICER?
A CURRENTLY MOTORCYCLE SERGEANT.
Q AND WHAT DOES THAT WORK ENTAIL?
A CURRENTLY, I SUPERVISE MOTORCYCLE OFFICERS AS
OTHER OFFICERS IN THE DEPARTMENT, OTHER COLLATERAL DUTIES,
MONITORING THEIR WORK PROGRESS, ASSISTING WITH OTHER
DUTIES AS A SUPERVISOR.
Q OFFICER, THANK YOU VERY MUCH.
I AM GOING TO ASK YOU, OFFICER DIAZ, TO GO
BACK TO 2009. WHAT AREA DID YOU PATROL BACK IN 2009?
A IN 2009, I WAS A PATROL OFFICER AND I WORKED
IN THE EAST LOS ANGELES AREA AND PRIMARILY EVERY DAY I
WOULD WORK THE 10 FREEWAY. THAT WAS MY ASSIGNED BEAT ON A
DAILY BASIS.
Q SO THE INTERSTATE 10 FREEWAY, CORRECT, SIR?
A CORRECT.
Q AND DID YOU PATROL BOTH EASTBOUND AND
WESTBOUND OF THE 10?
A YES.
Q OKAY. AND AS PART OF YOUR PATROL, WERE YOU
RIDING A MOTORCYCLE?
A YES.
Q AND SO AS PART OF YOUR PATROL, YOU -- HOW MANY
YEARS DID YOU PATROL THAT PARTICULAR AREA?
A 17 YEARS.
Q 17?

A 17 YEARS.
Q YOU ARE PRETTY FAMILIAR WITH THAT AREA?
A VERY FAMILIAR WITH IT.
Q AND -- AND YOU PATROLLED YOU SAID ON YOUR
MOTORCYCLE, CORRECT?
A CORRECT.
Q AND DID YOU EVER RIDE OVER THE -- THE AREA AT
ISSUE IN THIS CASE IS THE BALDWIN AVENUE BRIDGE, WHICH IS
BALDWIN AVENUE OVERPASS AND THE WESTBOUND BALDWIN OR 10
FREEWAY BALDWIN AVENUE BRIDGE, BETWEEN BALDWIN AVENUE AND
THE TEMPLE CITY BOULEVARD EXIT.
ARE YOU FAMILIAR WITH THAT AREA?
A YES, I AM.
Q AND DID YOU EVER RIDE OVER THAT PARTICULAR
AREA WITH YOUR MOTORCYCLE?
A YES.
Q NUMEROUS TIMES?
A NUMEROUS TIMES.
Q OVER THE 17 YEARS?
A OVER THE 17 YEARS, YES.
Q AND DID YOU EVER EXPERIENCE, AS A MOTORCYCLE
CHP OFFICER RIDING OVER THIS PARTICULAR AREA, DID YOU EVER
EXPERIENCE ANY PROBLEMS RIDING WITH YOUR MOTORCYCLE?
A NO, I DID NOT.
Q OKAY. AND IF YOU WOULD HAVE EXPERIENCED A --
DID YOU RIDE THE VARIOUS LANES FROM THE HOV LANE ALL THE
WAY THROUGH ALL THE LANES?
A CORRECT. FROM HOV TO LANE TO ALL THE MAIN

LANES, I PATROLLED THOSE LANES. ON SEVERAL OCCASIONS IN
ONE DAY, I WILL BE BACK AND FORTH UP AND DOWN THE FREEWAY.
Q AND IF THERE WERE ANY PROBLEMS THAT YOU -- YOU
SAID DIDN'T EXPERIENCE ANY PROBLEMS, BUT IF THERE WAS A
PROBLEM, WOULD YOU HAVE CALLED FOR A CLOSURE IMMEDIATELY
OF THE FREEWAY?
A YES. IF THERE WERE ANY TYPE OF HAZARD OR
IMPERFECTION IN THE ROADWAY OR ANYTHING LIKE THAT, I WOULD
IMMEDIATELY CALL TO MAKE SURE THAT WE CLOSED THE LANE,
MAKE SURE IT IS SAFE FOR VEHICULAR TRAFFIC.
Q WHEN YOU ARE TALKING ABOUT IMPERFECTION, YOU
ARE TALKING ABOUT SOMETHING THAT EFFECTS RIDEABILITY FOR
MOTORISTS, CORRECT?
A CORRECT. I'M SORRY.
Q GO AHEAD.
A YES, FOR MYSELF OR FOR ANY OTHER RIDER.
Q AND THAT'S MORE IMPORTANTLY SOMETHING THAT
EFFECTS SAFETY, CORRECT?
A CORRECT.
Q OKAY. AND TO YOUR RECOLLECTION, IN THE 17
YEARS THAT YOU WERE RIDING THIS AREA, DID YOU EVER CALL
CALTRANS TO MAKE A COMPLAINT SAYING THIS AREA NEEDS TO BE
REPAIRED?
A NO, NOT IN THAT AREA.
Q OKAY. AND YOU WOULD HAVE REPORTED IT IF YOU
THOUGHT IT WAS A PROBLEM, CORRECT, SIR?
A IMMEDIATELY, CORRECT.
MR. RODRIGUEZ: NO FURTHER QUESTIONS, YOUR HONOR.

THE COURT: YOU MAY INQUIRE.
CROSS-EXAMINATION
BY MR. SCHAFFER:
Q OFFICER, WHAT KIND OF BIKE DID YOU RIDE OUT
THERE WHEN YOU WERE PATROLLING THE HIGHWAY 10 IN THE
EL MONTE, BALDWIN AVENUE BRIDGE AREA?
A BMW MOTORCYCLE 1150.
Q HOW BIG IS THAT? IS THAT LIKE A BIG -- ONE OF
THOSE BIG HARLEY DAVIDSON'S?
A ABOUT THE SAME SIZE, CORRECT.
Q ARE YOU A MOTORCYCLIST OFF-DUTY?
A I RIDE SOME DIRT BIKES FROM TIME TO TIME, BUT
NOT AS MUCH.
Q OKAY. ALL RIGHT. DID YOU EVER RIDE SMALLER
BIKES ON THE FREEWAY?
A NO.
Q ALL RIGHT. LET ME SHOW YOU WHAT'S BEEN MARKED
AS PLAINTIFF'S EXHIBIT 45 AND ASK YOU -- I WILL REPRESENT
TO YOU THAT WAS A ROAD DEFECT ON THE BALDWIN AVENUE BRIDGE
APPROACH SLAB.
JUST AS YOU'RE ENTERING THE BRIDGE GOING
WESTBOUND, DID YOU -- DO YOU SEE A HOLE IN THE MIDDLE?
A YOU'RE REFERRING TO THE LINE OR YOU'RE
REFERRING TO THIS?
Q RIGHT HERE. I MEAN, RIGHT IN THE MIDDLE.
A OKAY.
Q WHAT DO YOU CALL THIS?

A THAT WOULD BE A -- IT LOOKS LIKE A SMALL
LITTLE SEPARATION IN THE CONCRETE.
Q WOULD DO YOU CALL THAT? A POTHOLE?
A I WOULDN'T NECESSARILY CALL THAT A POTHOLE,
NO.
Q WHAT IS YOUR DEFINITION OF A "POTHOLE"?
A POTHOLE WOULD BE SOMETHING WHERE IT WOULD BE
SOME SORT OF CONCAVED PART OF THE ROADWAY THAT WAS CAUSED
BY MAYBE RAIN OR JUST A CRACK IN THE CONCRETE.
Q MR. -- SO SORT OF A BOWL SHAPED?
A YEAH.
Q OKAY. COULD IT HAVE SHARP EDGES?
A YEAH, IT COULD POSSIBLY HAVE SHARP EDGES.
Q NOW, MR. LIM TESTIFIED THROUGH HIS TESTIMONY
TODAY THAT HE THOUGHT A SEVERE POTHOLE CONDITION WOULD BE
SOMETHING THAT WAS THREE FEET BY FOUR FEET BY A FOOT DEEP.
DID YOU EVER SEE ANYTHING LIKE THAT ON THE
ROADWAY, FREEWAY 10?
A YES, I HAVE SEEN POTHOLES ON THE 10 FREEWAY.
Q UNDER WHAT CIRCUMSTANCES?
A AFTER THE RAIN, SOMETIMES VEHICLES LOSE -- BIG
RIGS LOSE LOADS AND IT CAUSES CONCRETE TO CRACK. JUST
SOMETIMES THE ROAD ITSELF HAS POTHOLES FROM JUST WEAR AND
TEAR.
Q OKAY. AND IS IT ANYTHING SMALLER THAN THAT,
SAY HALF THAT SIZE, IS THAT ALSO DANGEROUS?
A IT DEPENDS ON THE DEPTH. YEAH, IT COULD BE
DANGEROUS, DEPENDING ON THE DEPTH OF THE SIZE THAT YOU

MENTIONED.
Q NOW, YOU HAVE BEEN RIDING MOTORCYCLES FOR 17
YEARS IN THAT AREA?
A YES, SIR.
Q OKAY. ARE YOU FAMILIAR WITH THE TERM "SLAB
SETTLEMENT"?
A NOT TOO FAMILIAR.
Q LET -- LET ME ASK YOU THIS: ASSUME THAT YOU
HAVE A SLAB THAT IS LOWER THAN THE SLAB AHEAD OF IT, SO
THE DIRECTION OF TRAVEL THAT YOU'RE GOING, YOU'RE
TRAVELING ON SAY SLAB A AND SLAB B IS ACTUALLY HIGHER.
ARE YOU FAMILIAR WITH THAT TYPE OF CONDITION?
A YES, SIR.
Q AND IS IT YOUR TESTIMONY THAT THAT CONDITION
IS NOT HAZARDOUS?
A DEPENDS ON THE DIFFERENCE IN THE ELEVATION
UNDER THE SEPARATION OF THE SLAB.
Q HOW MUCH ELEVATION WOULD IT -- WOULD YOU NEED
BEFORE YOU WOULD CONSIDER IT HAZARDOUS?
MR. RODRIGUEZ: OBJECTION. LACK OF FOUNDATION.
CALLS FOR SPECULATION. BEYOND THE SCOPE.
THE COURT: WELL, FOUNDATION. SUSTAINED.
BY MR. SCHAFFER:
Q ALL RIGHT. BASED ON YOUR EXPERIENCE, HAVE YOU
FORMED ANY OPINION AS TO HOW MUCH CHANGE IN ELEVATION --
DIFFERENCE IN ELEVATION THERE MUST BE BEFORE A DANGEROUS
CONDITION IS CREATED?
THE COURT: YOU MEAN HAZARD?

MR. SCHAFFER: HAZARDOUS CONDITION, CORRECT.
THE WITNESS: YES. IF I SEE THAT THERE'S A CERTAIN
TYPE OF EXTREME CHANGE OF ELEVATION IN THE ROADWAY, YES, I
WOULD DEEM THAT WOULD BE UNSAFE.
BY MR. SCHAFFER:
Q COULD YOU DEFINE FOR ME HOW MANY INCHES
EXTREME CHANGE IN ELEVATION WOULD BE?
MR. RODRIGUEZ: OBJECTION. LACK OF FOUNDATION.
CALLS FOR SPECULATION.
THE COURT: OVERRULED.
BASED ON YOUR EXPERIENCE AS A LONG-TIME
CALIFORNIA CHP OFFICER WHO RIDES MOTORCYCLES, DO YOU HAVE
AN OPINION?
THE WITNESS: I WOULD SAY MAYBE ABOUT FOUR OR FIVE
INCHES.
BY MR. SCHAFFER:
Q SO THERE WOULD HAVE TO BE -- IN OTHER WORDS,
THE NEXT SLAB UP WOULD HAVE TO BE FOUR TO FIVE INCHES
HIGHER THAN THE ONE YOU'RE TRAVELING ON BEFORE THAT WOULD
CREATE A HAZARD?
A THE ONE -- THE SLAB I AM APPROACHING CORRECT,
BUT WOULD -- WOULD HAVE TO BE HIGHER.
Q SO IT WOULD HAVE TO BE IN EFFECT, FOUR TO FIVE
INCHES OF SETTLEMENT OF THE FIRST SLAB BEFORE IT WOULD BE
HAZARDOUS?
A CORRECT.
Q IS THAT FOR MOTORCYCLES?
A THAT COULD BE FOR VEHICLES AS WELL, SO JUST

VEHICULAR TRAFFIC. SINCE WE ARE DISCUSSING MOTORCYCLES, I
WOULD SAY MOTORCYCLES.
Q DO YOU THINK CARS WOULD BE MORE ABLE TO HANDLE
THAT KIND OF A CHANGE DIFFERENCE IN ELEVATION THAN A
MOTORCYCLE?
A IT DEPENDS ON -- ITS DEPENDS ON THE ROADWAY
ITSELF BECAUSE ON -- ON -- FOR THE MOTORCYCLE, IF WE'RE ON
A STRAIGHTAWAY, YOU KNOW, IT COULD BE HANDLED THE SAME AS
A CAR. BUT BECAUSE THE CAR HAS FOUR WHEELS, IT MIGHT BE
SLIGHTLY DIFFERENT.
Q LET ME ASK YOU, YOU SAY FOUR TO FIVE INCHES --
INCHES. WOULD YOU AGREE THAT THE EDGE OF THIS BINDER IS
WHAT, ABOUT THREE, THREE-AND-A-HALF, FOUR INCHES?
A THAT'S ABOUT THREE INCHES.
Q DO YOU THINK THAT THAT WOULD BE -- WOULD NOT
BE HAZARDOUS AS FAR AS A DIFFERENCE IN ELEVATION?
A NO. AS FAR AS, I KNOW, MOTORCYCLE -- AND IT
DEPENDS ON THE SPEED, TOO BECAUSE WE HAVE TO -- DEPENDING
ON THE SPEED AND WHAT THE VEHICULAR TRAVEL IS.
Q AND IF YOU WERE GOING 70 MILES AN HOUR, YOU
WOULD THINK THAT WOULD NOT BE HAZARDOUS?
A THAT THREE INCHES, NO.
Q HOW ABOUT IF YOU'RE AT AN ANGLE?
A DEPENDS ON THE CURVATURE OF THE ROADWAY. IT
COULD BE.
Q LET'S SAY IT'S JUST STRAIGHTAWAY AND YOU'RE
CHANGING LANES AND YOU HIT THE THREE-INCH SLAB DIFFERENCE
AT 70 MILES AN HOUR, WOULD THAT BE HAZARDOUS?

A TO ME, IT WOULDN'T.
Q OKAY. HAVE YOU EVER FELT WHEN YOU HAVE DRIVEN
OVER BRIDGES, IN PARTICULAR, SOMETHING CALLED A "BUMP"
RIGHT AT THE BRIDGE AS YOU APPROACH?
A YES, SIR, I HAVE.
Q THAT IS A COMMON PHENOMENA, ISN'T IT?
A CORRECT.
Q LOTS OF TIMES IT IS JUST A LITTLE BIT OF A
BUMP, RIGHT?
A YES.
Q SOMETIMES IT'S A LITTLE MORE SUBSTANTIAL?
A CORRECT.
Q AND IF YOU WERE OUT THERE ON YOUR --
PATROLLING ON YOUR BIKE AND YOU ARE DRIVING, LET'S SEE, IN
THE LEFT LANE AND YOU LOOKED OVER AND YOU SAW A TRUCK
AHEAD OF YOU AS IT ENTERED THE BALDWIN BRIDGE APPROACH
SLAB AND AS IT WENT ON THE BRIDGE ITS BACK TIRE FLEW IN
THE AIR, WOULD YOU THINK THAT THAT MIGHT INDICATE THAT
THERE WAS SUBSTANTIAL SETTLING?
MR. RODRIGUEZ: OBJECTION. CALLS FOR SPECULATION.
LACK OF FOUNDATION.
THE COURT: DO YOU HAVE AN OPINION ONE WAY OR THE
OTHER, OFFICER?
THE WITNESS: AS FAR AS -- WELL, YES, SIR. I
CAN -- MY OPINION WOULD BE IF I SAW, YOU SAID A TIRE
FLYING IN THE AIR?
////
BY MR. SCHAFFER:

Q RIGHT AFTER IT WENT OVER THE SETTLED AREA?
A I AM TRYING TO PICTURE THIS IN MY HEAD.
YOU'RE TALKING ABOUT A LOOSE TIRE OR THE TIRE -- THE
VEHICLE'S TIRE IN THE ROADWAY GETTING ELEVATED OFF THE
ROADWAY? IS WHAT YOU'RE --
Q BOUNCING INTO THE AIR.
A IT COULD BE, BUT DEPENDS ON THE WEIGHT OF
THAT -- THAT TRUCK, YOU KNOW. IF IT'S A HEAVY-DUTY TRUCK,
AND IT DOESN'T HAVE ANY WEIGHT ON IT, MORE THAN LIKELY IT
WILL BE KIND OF BOUNCING BASED ON THE SUSPENSION OF THE
VEHICLE.
Q OKAY. NOW, BY THE WAY, YOU SAID YOU TESTIFIED
YOU HAVE BEEN OUT THERE. DO YOU EVER -- DO YOU RECALL
EVER SEEING THIS PARTICULAR, WHATEVER YOU WANT TO CALL IT,
HOLE OR POTHOLE OR ANYTHING ON THE HIGHWAY ON HIGHWAY 10
THERE AT BALDWIN?
A THAT PARTICULAR POTHOLE, I DON'T REMEMBER
SEEING THAT PARTICULAR POTHOLE, BUT THERE ARE MANY SMALL
CONCRETE CHIPS ON THE ROADWAY THROUGHOUT THE 10 FREEWAY
LIKE THAT.
Q YOU HAVE NO SPECIFIC RECOLLECTION OF DRIVING
OVER THIS POTHOLE, DO YOU?
A THAT SPECIFIC ONE? I REMEMBER THE AREA, BUT
NOT THAT SPECIFIC -- GOING OVER THAT POTHOLE AND
REMEMBERING THAT SPECIFIC POTHOLE, NO.
Q YOU DON'T REMEMBER -- DO YOU KNOW WHAT LANE
THIS POTHOLE IS IN?
A NO, I DO NOT KNOW. I CAN'T SEE THE LANE.

Q SO YOU -- NOW, WHAT LANE DO YOU USUALLY DRIVE
IN WHEN YOU'RE PATROLLING? DO YOU HAVE A PARTICULAR LANE?
A NO PARTICULAR LANE. I -- ON ALL LANES BECAUSE
I AM PRETTY MUCH GETTING OFF AND ON THE FREEWAY, SOMETIMES
IN THE RIGHT LANE, THE NUMBER 4 LANE, SOMETIMES IN THE
CARPOOL LANE. IF I AM CHASING A SPEEDER, I AM -- I HAVE
TO MANEUVER THROUGH TRAFFIC, SPLIT TRAFFIC ON THE BIKE, SO
I AM USING ALL LANES AT ALL TIMES.
Q NOW, DO YOU HAVE A SPECIFIC RECOLLECTION OF
EVER HAVING TRAVELED IN THE FAR RIGHT LANE OF BALDWIN
AVENUE -- EXCUSE ME -- ON THE FREEWAY 10 AS YOU APPROACH
THE BALDWIN AVENUE BRIDGE JUST TO THE EAST OF THE TEMPLE
CITY BOULEVARD EXIT?
A I DON'T HAVE A SPECIFIC RECOLLECTION, BUT I AM
SURE THAT THERE WERE TIMES WHEN I PROBABLY ENTERED ON TO
THE BALDWIN AVENUE ON-RAMP OR THE SANTA ANITA ON-RAMP,
WHICH WOULD PUT ME IN THE RIGHT LANE AT ONE POINT OR
ANOTHER THROUGHOUT MY SHIFT.
Q THE FREEWAY IN THAT AREA IS PRETTY OLD, ISN'T
IT? BACK IN 2009, IT WAS A PRETTY OLD FREEWAY, RIGHT?
30, 40 YEARS OLD?
A YES, SIR.
MR. RODRIGUEZ: OBJECTION. BEYOND THE SCOPE.
THE COURT: OVERRULED.
BY MR. SCHAFFER:
Q WHEN FREEWAYS GET OLD, THEY TEND TO -- THE
SLABS TEND TO SETTLE, DON'T THEY?
MR. RODRIGUEZ: OBJECTION. CALLS FOR SPECULATION.

LACK OF FOUNDATION. BEYOND THE SCOPE.
THE COURT: AS TO SCOPE OVERRULED. AS TO
FOUNDATION, SUSTAINED.
BY MR. SCHAFFER:
Q OKAY. ON THAT FREEWAY OVER THERE, HAVE YOU
NOTICED IN SAY, 2009, SEEING HOW IT WAS AN OLD FREEWAY,
DID YOU NOTICE SLAB SETTLING?
A YES.
Q OKAY. AND WHERE CAN YOU -- WHEN WAS IT THAT
YOU NOTICED IT IN GENERAL?
A PROBABLY THE ENTIRE FREEWAY, YOU KNOW, BECAUSE
THERE'S CONSTRUCTION THAT GOES ON OR, YOU KNOW, THEY'RE
ALWAYS DOING IT OR THE MAINTENANCE ON THE ROADWAY FROM
TIME TO TIME.
Q AND DO YOU RECALL BACK IN -- FIRST OF ALL,
FROM TIME TO TIME CALTRANS PUTS ON WARNING SIGNS IF THERE
IS A -- IF THERE'S A POTENTIAL BUMP IN THE ROAD, CORRECT?
A CORRECT.
MR. RODRIGUEZ: OBJECTION.
THE COURT: GO AHEAD.
BY MR. SCHAFFER:
Q HAVE YOU -- OFFICER, YOU HAVE BEEN DRIVING FOR
17 YEARS ON THAT STRETCH, CORRECT?
A YES.
Q HAVE YOU EVER SEEN A BUMP SIGN ON THE SIDE OF
THE ROAD?
A ON THAT FREEWAY?
Q THAT FREEWAY.

A ONLY TIME I HAVE SEEN IT IS DURING
CONSTRUCTION TIME THEY HAVE POSTED SIGNS.
Q AND DO THEY ALSO HAVE SIGNS DURING
CONSTRUCTION THAT SAYS, "ROUGH ROAD AHEAD"?
A USUALLY, YES.
Q IN FACT, THEY HAVE ONE OF THOSE TAILER CARTS
WITH THE LIGHT MESSAGES THAT SAYS "ROUGH ROAD AHEAD"?
A YES, SIR.
Q THE BUMP SIGNS THAT YOU HAVE SEEN, HAVE THEY
BEEN LIKE SANDWICH BOARD SIGNS OR THE LIGHT SIGNS?
A BOTH. SOMETIMES THEY HAVE THE CHANGEABLE
MESSAGE, WHICH IS THE ONE THAT CHANGES AND SOMETIMES IT'S
JUST THE BOARD SIGNS, POSTED BOARD SIGNS.
Q AND IN CONJUNCTION WITH THOSE -- EITHERS OF
THE THOSE TYPES OF WARNING SIGNS, DO THEY ALSO HAVE A SIGN
THAT SAYS, LESSOR SPEED, REDUCED SPEED, THAT SORT OF
THING?
A YES, THEY WOULD POST THAT AS WELL.
Q OKAY. DO YOU HAVE ANY SPECIFIC RECOLLECTION
BACK IN 2009 OF HAVING SEEN ANY SORT OF WARNING SIGN LIKE
WE JUST TALKED ABOUT IN FRONT OF THE BALDWIN AVENUE
BRIDGE?
A NO RECOLLECTION OF THAT, NO.
Q ISN'T IT TRUE THERE SIMPLY WASN'T ONE DURING
THAT TIME?
A MY RECOLLECTION, I DON'T REMEMBER THEM --
THERE BEING ONE.
Q YOU WOULD REMEMBER IF THERE WAS?

A YES.
Q OKAY. HAVE YOU EVER SERVED SUMMONS AND
COMPLAINT FOR CALTRANS?
A OBVIOUSLY, I AM THE ONE DOING THE COMPLAINING.
Q YOU'RE DOING THE COMPLAINING?
A YES, SIR.
Q WHAT DO YOU MEAN?
A WELL, IF THERE'S SOMETHING WRONG WITH THE
ROADWAY, IF THAT'S WHAT YOU'RE REFERRING TO AS FAR AS --
Q LET ME -- NO.
LET ME ASK YOU THIS: WHEN YOU ARE DOING THE
COMPLAINING, WHAT DO YOU MEAN?
A IF THERE'S SOMETHING, SOME SORT OF
CONSTRUCTION GOING ON AND THERE'S SIGNS POSTED AND IT'S
NOT IN THE RIGHT SECTION OR THERE'S A ROADWAY POTHOLE OR
DEFECT THAT I WOULD BE THE ONE TO CALL CALTRANS AND MAKE
SURE THEY HAVE A ROAD CLOSURE OR LANE CLOSURE.
Q HOW DO YOU DO THAT?
A CALL MY DISPATCH.
Q DO YOU HAVE A RADIO ON YOUR BIKE?
A YES, SIR.
Q GOES TO CHP DISPATCH?
A YES, SIR.
Q AND THEN YOU'RE OUT OF THE PICTURE. AT THAT
POINT, THE DISPATCH HAS TO CONTACT SOMEBODY?
A WELL, I WOULDN'T SAY I AM OUT OF THE PICTURE.
I WOULD CALL MY DISPATCH, AND IF IT'S A SERIOUS HAZARD I
WOULD MORE THAN LIKELY STAND BY AT THAT LOCATION, AND

USUALLY WITH MY LIGHTS ON AND MAKE SURE VEHICLES AVOID
THAT LANE OR THAT SECTION. THEN MY DISPATCH WOULD CALL
CALTRANS DISPATCH AND THEN THEY WOULD HAVE MAINTENANCE
CREW OR CALTRANS RESPOND.
Q NOW, BEFORE YOU TESTIFIED TODAY, I SAW YOU IN
THE CONFERENCE ROOM WITH ANOTHER OFFICER AND DAVID
RODRIGUEZ.
DO YOU REMEMBER THAT?
A YES, SIR.
Q WHAT DID YOU DISCUSS?
A ACTUALLY, HE CAME AND REINTRODUCED HIMSELF
BECAUSE I HADN'T SEEN THEM IN PROBABLY LIKE THREE YEARS
WHEN OR WHEN THE CASE INITIALLY WAS INTRODUCED TO US. HE
JUST ASKED HOW WE WERE DOING, THANKED US FOR COMING DOWN
AND LET US KNOW THAT WE WOULD BE TESTIFYING PRETTY MUCH
AFTER THE JURY CAME OFF THEIR BREAK.
Q YOU WERE IN THERE FOR ABOUT TEN MINUTES,
WEREN'T YOU?
A I WAS IN THERE SINCE PROBABLY TEN O'CLOCK.
REFERRING TO BOTH OF US?
Q NO. WITH MR. RODRIGUEZ, HOW LONG WERE YOU IN
THAT CONFERENCE ROOM, ABOUT TEN MINUTES?
A PROBABLY LIKE FIVE MINUTES.
Q OKAY. AND YOU DISCUSSED THE SUBSTANCE OF WHAT
YOU'RE GOING TO SAY TODAY?
A NO, NOT MY TESTIMONY IF THAT'S WHAT YOU'RE
REFERRING TO. HE JUST PRETTY MUCH SMALL TALK, THANKING US
FOR COMING DOWN.

Q WHAT KIND OF SMALL TALK?
A WELL, I AM IN A NEW LOCATION SO WE ARE JUST
TALKING ABOUT MY PROMOTION AND NOW I WORK IN A DIFFERENT
AREA, YOU KNOW, THAT'S IT.
Q HAVE YOU EVER WORKED WITH MR. RODRIGUEZ
BEFORE?
A NO, I HAVE NOT.
Q YOU SAID YOU TALKED TO HIM YEARS AGO, CORRECT?
A CORRECT.
Q AND IT WAS ABOUT THAT CASE, RIGHT?
A YEAH.
Q WHERE DID YOU MEET?
A AT OUR EAST L.A. CHP OFFICE.
Q OKAY. MR. RODRIGUEZ CAME OVER TO TALK TO YOU?
A YES.
Q WHAT DID YOU TALK ABOUT?
A HE JUST ASKED ME IF I WAS FAMILIAR WITH THE,
YOU KNOW, THE 10 FREEWAY, DO I WORK THAT AREA, YOU KNOW,
THAT'S PRETTY MUCH IT.
Q OKAY. DID HE DISCUSS THE FACTS OF
MR. BACCOUCHE'S ACCIDENT?
A I WOULDN'T SAY THE FACTS. HE JUST TOLD US
THERE WAS A CASE GOING ON REGARDING AN ACCIDENT THAT
OCCURRED.
Q DID HE ASK YOU TO TESTIFY IN COURT THAT YOU
DIDN'T FEEL ANYTHING OVER ON THE BALDWIN AVENUE BRIDGE
WHEN YOU DROVE OVER IT?
A NO. HE CAN'T TELL ME WHAT TO SAY.

Q OKAY. DID HE?
A NO, SIR, HE DID NOT.
Q THE OTHER QUESTION I HAVE IS, HAVE YOU DONE
ANY WORK FOR CALTRANS SERVING LAWSUITS?
A NO, SIR, I HAVE NOT.
Q ANYBODY IN YOUR DEPARTMENT DO THAT?
A PRETTY SURE A FEW THAT MAY HAVE, NOT THAT I
KNOW OF.
Q WHEN YOU WERE OVER THERE, DID YOU HAVE A CLOSE
WORKING RELATIONSHIP WITH CALTRANS?
A WITH SEVERAL OF THE YARDS, I KNOW SOME OF THE
MAINTENANCE CREW, YES.
Q OKAY.
MR. SCHAFFER: NO FURTHER QUESTIONS.
THE COURT: THANK YOU.
MR. RODRIGUEZ: NOTHING FURTHER, YOUR HONOR.
THE COURT: MAY THIS OFFICER BE EXCUSED?
MR. RODRIGUEZ: YES.
MR. SCHAFFER: YES, YOUR HONOR.
THE COURT: THANK YOU, SIR. YOU'RE FREE TO GO.
THE WITNESS: THANK YOU.
THE COURT: DO YOU HAVE ANOTHER WITNESS LINED UP?
MR. RODRIGUEZ: YES. YES, I DO.
(PAUSE IN THE PROCEEDINGS:)
////
(THE FOLLOWING PROCEEDINGS TOOK PLACE IN
OPEN COURT IN THE PRESENCE OF THE JURY:)
THE COURT: OFFICER, PLEASE STOP THERE. RAISE YOUR
RIGHT HAND AND THE CLERK WILL GIVE YOU THE OATH.
THE CLERK: DO YOU SOLEMNLY STATE THAT THE
TESTIMONY YOU ARE ABOUT TO GIVE IN THE CASE NOW PENDING
BEFORE THIS COURT SHALL BE THE TRUTH, THE WHOLE TRUTH, AND
NOTHING BUT THE TRUTH, SO HELP YOU GOD?
THE WITNESS: I DO.
THE CLERK: PLEASE BE SEATED.
CAN YOU PLEASE STATE AND SPELL YOUR FIRST AND
LAST NAME FOR THE RECORD.
THE WITNESS: LOUIS BRAVO, L-O-U-I-S, B-R-A-V-O.
THE COURT: YOU MAY PROCEED.
MR. RODRIGUEZ: THANK YOU, YOUR HONOR.
LOUIS BRAVO,
CALLED AS A WITNESS BY AND ON BEHALF OF THE
DEFENDANT, AND HAVING BEEN FIRST DULY SWORN BY THE CLERK
OF THE COURT, WAS EXAMINED AND TESTIFIED AS FOLLOWS:
DIRECT EXAMINATION
BY MR. RODRIGUEZ:
Q GOOD MORNING, OFFICER BRAVO. HOW ARE YOU
DOING?
A GOOD. THANK YOU.
Q THANK YOU FOR COMING DOWN HERE.
YOU WORK FOR THE CHP, CORRECT, SIR?

A YES.
Q HOW MANY YEARS HAVE YOU WORKED THERE?
A 25.
Q 25. AND WHAT DO YOU DO AS A CHP OFFICER?
A PATROLLING IN THE EAST LOS ANGELES AREA TO
MOTORCYCLE DUTY.
Q SO YOU ARE A MOTORCYCLE PATROL OFFICER?
A YES, SIR.
Q AND HOW MANY OF YOUR 25 YEARS HAVE YOU RIDDEN
A MOTORCYCLE?
A 15.
Q 15. OKAY. ARE YOU FAMILIAR WITH THE
WESTBOUND INTERSTATE 10 FREEWAY AT ALL IN YOUR PATROL?
A YES, SIR.
Q THAT'S ONE OF THE AREAS THAT YOU COVERED?
A ONE OF MY PRIMARY BEATS, YES, SIR.
Q AND I AM GOING TO TAKE YOU BACK IN 2009. WERE
YOU FAMILIAR WITH THE BALDWIN AVENUE BRIDGE OR THE
WESTBOUND INTERSTATE 10 FREEWAY IN 2009?
A YES, SIR.
Q OKAY. THAT WAS ONE OF YOUR AREAS OF PATROL AS
WELL, CORRECT, SIR?
A YES.
Q OKAY. AND THIS SPECIFIC AREA AT ISSUE IS
CALLED THE BALDWIN AVENUE BRIDGE. IT'S THE BALDWIN AVENUE
IS -- RUNS UNDERNEATH THE FREEWAY AND THEN THE NEXT EXIT
IS THE TEMPLE CITY BOULEVARD EXIT.
ARE YOU FAMILIAR WITH THAT AREA?

A YES, SIR.
Q AND WAS THAT ONE OF -- YOUR FAMILIARITY WAS --
THIS WAS ONE OF THE AREAS YOU RODE OVER IN YOUR PATROL?
A YES, SIR.
Q AND YOU RODE OVER ON YOUR MOTORCYCLE, CORRECT,
SIR?
A CORRECT.
Q OKAY. AND DID YOU EVER FEEL THAT THE BALDWIN
AVENUE BRIDGE WAS UNSAFE WHEN YOU WERE RIDING OVER THERE?
A NO, SIR.
Q OKAY. AND YOU RODE THE VARIOUS LANES,
CORRECT, SIR?
A CORRECT.
Q INCLUDING THE NUMBER 3 AND NUMBER 4 LANE,
CORRECT, SIR?
A YES, SIR.
Q AND WAS THERE ANYTHING THAT EVER CAUSED YOU TO
LOSE CONTROL OF YOUR MOTORCYCLE?
A NO, SIR.
Q OKAY. AND IF YOU -- IF IT WAS PROBLEMATIC OR
IF YOU THOUGHT IT WAS SOMETHING THAT WAS AN ISSUE, WOULD
YOU HESITATE TO -- YOU WOULDN'T HESITATE TO PICK UP THE
PHONE OR CALL CALTRANS AND NOTIFY THEM THAT THIS AREA IS
UNSAFE, CORRECT?
A CORRECT. I WOULD NOT HESITATE TO MAKE THAT
NOTIFICATION.
Q BUT YOU NEVER MADE A NOTIFICATION BECAUSE IN
YOUR ESTIMATION THERE WASN'T PROBLEMATIC FOR MOTORCYCLES,

RIGHT?
A CORRECT.
Q IT WASN'T PROBLEMATIC FOR OTHER VEHICLES,
CORRECT, SIR?
A YES, SIR.
Q OKAY. AND IF YOU FELT IT WAS A SAFETY ISSUE
OR SOMETHING, YOU WOULD HAVE TAKEN THE TIME TO SAY, THIS
WAS SOMETHING THAT YOU THOUGHT WAS GOING TO BE AN
IMMEDIATE HAZARD YOU WOULD HAVE CLOSED DOWN THE FREEWAY
IMMEDIATELY, CORRECT, SIR?
A YES, SIR.
MR. RODRIGUEZ: THANK YOU. NO FURTHER QUESTIONS.
THE COURT: YOU MAY INQUIRE.
CROSS-EXAMINATION
BY MR. SCHAFFER:
Q OFFICER BRAVO, BY THE WAY, ARE YOU FAMILIAR --
ARE YOU FRIENDS WITH OFFICER DIAZ WHO WAS JUST IN HERE A
MOMENT AGO?
A YES, WE WORK TOGETHER.
Q HOW LONG HAVE YOU WORKED WITH HIM?
A HIS LENGTH OF HIS CAREER.
Q 17 YEARS?
A YES, SIR.
Q OKAY. YOU STILL BUDDIES?
A YES, SIR.
Q DO YOU TALK REGULARLY?
A WE -- YES.
Q DO YOU SOCIALIZE?
A YES.
Q OKAY. AFTER HOURS?
A ON OCCASION.
Q ALL RIGHT. AND I SHOWED HIM THIS PHOTO. I AM
GOING TO SHOW YOU THIS PHOTO. REPRESENT TO YOU THIS IS ON
THE BALDWIN AVENUE BRIDGE ON NOVEMBER 12TH, 2009.
THE COURT: FOR THE RECORD, DO YOU WANT TO
IDENTIFY --
MR. SCHAFFER: THIS IS PLAINTIFF'S EXHIBIT 45.
THE COURT: THANK YOU.
BY MR. SCHAFFER:
Q DO YOU HAVE ANY -- JUST LOOKING AT THE
PHOTOGRAPH, DO YOU HAVE ANY RECOLLECTION OF WHAT IT
DEPICTS?
A THE FREEWAY.
Q IN THE MIDDLE OF THE PHOTOGRAPH, DOES THAT
LOOK LIKE A POTHOLE TO YOU?
A I CAN'T TELL FROM THE ANGLE, BUT --
Q BUT?
A -- IT LOOKS LIKE A LITTLE ONE.
Q LET ME ASK YOU THIS: DOES -- WAS -- WAS THERE
ANY -- EVER ANY KIND OF BUMP AT THE BRIDGE? THE BALDWIN
AVENUE BRIDGE WHEN YOU USED TO USE IT IN 2009, THAT IS THE
APPROACH SLAB WHEN YOU ENTERED ON THE BRIDGE WESTBOUND ON
THE 10, JUST AS YOU ENTERED ON THE BALDWIN AVENUE BRIDGE,
DID YOU NOTICE SOME TYPE OF BUMP?
A NOTHING SIGNIFICANT.
Q WHAT DO YOU MEAN NOT SIGNIFICANT? WHAT DO YOU
MEAN BY "SIGNIFICANT"?
A WHAT DO YOU MEAN BY "BUMP"?
Q DID YOU FEEL ANY KIND OF BUMP WHEN YOU WERE --
YOU WERE DRIVING ONE OF THOSE BIG BMW'S, RIGHT?
A YES, SIR.
Q OKAY. NOT A LIGHT BIKE?
A YEAH.
Q DID YOU FEEL ANYTHING?
A NOTHING OUT OF THE ORDINARY.
Q WHEN YOU SAY "NOTHING OUT OF THE ORDINARY,"
FREEWAYS -- DO YOU AGREE THAT FREEWAYS ARE NOT IN VERY
GOOD REPAIR, ARE THEY?
MR. RODRIGUEZ: OBJECTION. LACKS FOUNDATION.
THE COURT: OVERRULED.
THE WITNESS: EXCUSE ME?
BY MR. SCHAFFER:
Q YOU AGREE THAT THE FREEWAYS IN CALIFORNIA,
PARTICULARLY IN LOS ANGELES, HAVE A LOT OF PROBLEMS?
A MIGHT HAVE MINOR ISSUES, SOME ISSUES.
Q ISN'T IT TRUE THAT IN A RECENT POLL THE
CALIFORNIA FREEWAYS WERE RATED 48 IN REPAIR?
MR. RODRIGUEZ: OBJECTION. ASSUMES FACTS NOT IN
EVIDENCE. LACK OF FOUNDATION. BEYOND THE SCOPE.
THE COURT: YOU DON'T AGREE WITH THAT?
THE WITNESS: I AM NOT FAMILIAR WITH THAT POLL,
SIR.
THE COURT: OKAY.
BY MR. SCHAFFER:
Q IN ANY EVENT, THERE'S PROBLEM ON THE FREEWAY
OUT THERE. WE DON'T HAVE A PERFECT FREEWAY, RIGHT, IN
THAT AREA? FREEWAY 10 HAS PROBLEMS WITH SETTLING AND
POTHOLES AND THINGS LIKE THAT?
MR. RODRIGUEZ: OBJECTION. COMPOUND.
THE COURT: OVERRULED.
THE WITNESS: THINGS DEVELOP OVER TIME.
BY MR. SCHAFFER:
Q AND WHEN YOU SAY -- WHEN YOU SEE THESE
PROBLEMS, POTHOLES AND SETTLING AND STUFF LIKE THAT, IS --
IS CALTRANS OUT THERE IN A FLASH TO FIX THEM?
A THEY -- I AM SURE THEY -- THAT IS SOMETHING
YOU WOULD HAVE TO ASK THEM. IN MY EXPERIENCE, YEAH, WHEN
SOMETHING IS BROUGHT TO THEIR ATTENTION, THEY RESPOND
IMMEDIATELY TO MAKE THE NECESSARY REPAIRS.
Q IF I TOLD YOU THAT THERE WAS SLAB SETTLEMENT,
APPROACH SLAB SETTLEMENT AT THE BALDWIN AVENUE BRIDGE OF
THE ONE INCH THAT PROGRESSED TO INCH AND-A-HALF OVER SEVEN
YEARS AND THEY FAILED TO FIX IT, WOULD THAT RING A BELL AT
ALL?
A NO, SIR.
Q DO YOU RECALL ANY -- BACK IN 2009, ANY WARNING
SIGNS IN ADVANCE OF THE BALDWIN AVENUE BRIDGE, WARNING
SIGNS SUCH AS BUMP OR ROUGH ROAD AHEAD?
A NO, SIR.
Q YOU DON'T REMEMBER OR YOU SPECIFICALLY
REMEMBER THERE WEREN'T?

A I DON'T RECALL THOSE SIGNS BEING IN THAT AREA.
Q YOU FEEL PRETTY SURE ABOUT THAT?
A YES, SIR.
Q ALL RIGHT. IS THAT SOMETHING YOU WOULD
REMEMBER?
A YEAH, I THINK I WOULD REMEMBER THAT.
Q SITTING HERE FIVE YEARS BEFORE, YOU WOULD
REMEMBER THAT?
A EXCUSE ME?
Q THAT WAS FIVE YEARS AGO. I ASKED YOU IN 2009,
WOULD YOU REMEMBER FIVE YEARS BACK IF THERE WAS A BUMP
SIGN ON THE FREEWAY?
MR. RODRIGUEZ: OBJECTION. ASKED AND ANSWERED.
ARGUMENTATIVE.
THE COURT: OVERRULED.
IS THAT SOMETHING YOU WOULD LIKELY REMEMBER?
THE WITNESS: I THINK I WOULD LIKELY REMEMBER THAT,
YES.
BY MR. SCHAFFER:
Q HOW ABOUT THIS, WHATEVER YOU WANT TO CALL IT
POTHOLE OR HOLE, DO YOU REMEMBER THAT?
A IT -- IT -- NOT REALLY BECAUSE IT DOESN'T SEEM
THAT BIG OF AN ISSUE TO ME.
Q AND SITTING HERE TODAY, CAN YOU TELL ME
WHETHER OR NOT YOU EVER DROVE OVER THIS HOLE BACK IN 2009?
A THAT PICTURE FROM 2009, I WOULD HAVE DRIVEN ON
THAT.
Q HOW DO YOU KNOW?

A EXCUSE ME?
Q HOW DO YOU NOW?
A BECAUSE I AM CONSTANTLY ON THAT FREEWAY.
Q YOU HAVE DRIVEN OVER EVERY SINGLE INCH OF
EVERY LANE?
A I CAN TELL YOU, I HAVE BEEN ABOUT OUT THERE
FOR 25 YEARS. AT EVERY SINGLE INCH OF, YOU KNOW, KIND OF
VAGUE.
Q ISN'T IT TRUE, IF YOU HIT A POTHOLE AT AN
ANGLE WITH A MOTORCYCLE IT IS MORE HAZARDOUS THAN IF YOU
HIT IT STRAIGHT ON?
A THAT WOULD BE RIGHT.
Q OKAY.
A YOU WANT TO GO OVER AN OBJECT PARALLEL.
Q IN OTHER WORDS, IF YOU SEE SOMETHING AND YOU
PREPARE FOR IT AND HIT IT PERPENDICULAR, THAT'S BETTER
THAN IF YOU DON'T SEE IT AND HIT AT AN ANGLE; IS THAT
CORRECT?
A YES.
Q OKAY. HOW ABOUT AT NIGHT, HAVE YOU EVER HIT A
POTHOLE AT NIGHT AND DIDN'T SEE IT?
A THAT HAPPENS.
Q DOES IT EVER DESTABILIZE YOUR BIKE IN ANY WAY?
A IT COULD.
Q HAVE YOU EVER CRASHED YOUR BIKE?
A YEAH, I'VE BEEN IN A COUPLE THINGS.
Q AGAIN, I AM SAYING ABOUT A SINGLE BIKE, NOT
SOMEBODY ELSE HITTING YOU, BUT I AM TALKING ABOUT YOU JUST
CRASH YOUR BIKE BY YOURSELF, SINGLE VEHICLE?
A NO.
Q OKAY. ALL RIGHT. HAVE YOU EVER HIT SOMETHING
ON THE FREEWAY AND CRASHED LIKE A FIXED OBJECT?
A NO.
Q OKAY. YOU'RE FAMILIAR WITH THE PHENOMENA OF
SLAB SETTLEMENT ON THE FREEWAY, RIGHT, WHEN SOME OF THE
ROADS SINK DOWN?
MR. RODRIGUEZ: OBJECTION. LACK OF FOUNDATION.
THE COURT: OVERRULED.
DID THAT RING A BELL?
THE WITNESS: NO, SIR.
BY MR. SCHAFFER:
Q YOU HAVE A SITUATION WHERE YOU ARE RIDING ON
FREEWAY 10 IN EITHER DIRECTION AND THE SLAB AHEAD OF YOU
APPROACH IS HIGHER THAN THE SLAB YOU'RE ON AND YOU HIT IT,
EVER HAVE THAT HAPPENED?
A YES.
Q OKAY. AND IS THAT CAUSE YOU -- YOUR BIKE TO
BE DESTABILIZED?
A NO. DESTABILIZE, NO.
Q SO YOU DON'T -- DID YOU FEEL A JOLT WHEN YOU
HIT SOMETHING?
A MAYBE A JOLT, YEAH.
Q LET ME ASK YOU: IF YOU -- THE SLAB AHEAD OF
YOU WAS THIS MUCH HIGHER, AND I AM POINTING TO THE
PLAINTIFF VOLUME ONE EVIDENCE BOOK, ASSUMING THAT'S THE
SLAB AHEAD OF YOU AND YOU ARE DRIVING ALONG AND YOU HIT IT
AT 70 MILES AN HOUR, WOULD THAT GIVE A PRETTY GOOD JOLT?
A FROM HERE TO HERE?
Q RIGHT.
A YEAH, THAT WOULD JOLT YOU, YES.
Q HOW ABOUT IF IT WAS HALF THAT, SAY ABOUT AN
INCH AND-A-HALF WOULD YOU FEEL A JOLT ON THAT?
A HOW THICK IS THIS BOOK?
Q WHAT DO YOU THINK IT IS?
A ABOUT THREE INCHES.
Q OKAY. SO LET'S SAY IF IT'S THREE INCHES, HALF
OF THAT, INCH AND-A-HALF WOULD YOU FEEL THAT?
A WELL, YOU WOULD FEEL IT.
Q YOU THINK IT'S DANGEROUS, INCH AND-A-HALF?
A IF YOU WERE STRAIGHT OVER IT?
Q STRAIGHT OVER.
A YOU SHOULD BE ALL RIGHT.
Q HOW ABOUT IF YOU HIT AT AN ANGLE AND YOU
DIDN'T KNOW IT WAS THERE?
A AT 70 YOU SHOULD BE OKAY.
Q AND SO YOU -- IT'S YOUR TESTIMONY THEN THAT
YOU THINK AND INCH AND-A-HALF DIFFERENCE IN ELEVATION
WOULD BE OKAY BASICALLY?
A SHOULD BE FINE.
Q OKAY.
MR. SCHAFFER: NO FURTHER QUESTIONS.
THE COURT: ANYTHING FURTHER?
MR. RODRIGUEZ: NOTHING FURTHER.

THE COURT: MAY THIS OFFICER BE EXCUSED?
MR. SCHAFFER: YES, YOUR HONOR.
MR. RODRIGUEZ: YES, YOUR HONOR.
THE COURT: THANK YOU, OFFICER. YOU ARE FREE TO
GO.
THE WITNESS: THANK YOU, SIR.
THE COURT: LADIES AND GENTLEMEN OF THE JURY, YOU
WILL BE ALSO FREE TO GO IN JUST A MOMENT. WE ARE GOING TO
TAKE OUR LUNCH RECESS FROM 12:00 TO 1:30. SEE YOU BACK
HERE AT 1:30.
IN THE MEANTIME, PLEASE REMEMBER THOSE
ADMONITIONS. DON'T TALK TO ANYBODY ABOUT ANYTHING TO DO
WITH THE CASE. DO NOT FORM ANY OPINIONS. DON'T EXPRESS
ANY OPINION. DON'T VISIT INTERSTATE 10 AT THE BALDWIN
AVENUE BRIDGE WESTBOUND.
WE ARE IN RECESS. THANK YOU.
(NOON RECESS TAKEN.)
(NEXT PAGE IS 1951.)
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Old 04-04-2015, 05:18 PM   #2
Wdwrkr
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look at all those words... you can't be serious
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Old 04-04-2015, 05:22 PM   #3
Gezerbike
Hey Rocky...........
 
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Location: Everybody knows this is nowhere......
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A picture is worth a 1,000 words, or, in this case, 3,000 words......
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Old 04-04-2015, 06:26 PM   #4
Mikemm
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tl;dr

cliff notes for the point?
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Old 04-04-2015, 06:40 PM   #5
Gummee!
That's MR. Toothless
 
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Is this another long cat?



M
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Old 04-04-2015, 06:44 PM   #6
fast4d
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I recall reading the thread made by the guy who crashed.

I know the road and that particular bump. it is pretty damn big but shouldnt be an issue. I cant believe that measured it to be 4-5 inches.

even if it is 5in it is NOT vertical
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Old 04-04-2015, 06:54 PM   #7
Boon Booni
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I couldn't handle 5" step at 70mph without blowing out the front tire.

I believe I could handle a 2" step but I think that's pretty much the max.
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Old 04-04-2015, 07:13 PM   #8
Ojai GS guy
Been there-Done that
 
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If you want to know motors can do, you ask a motor from LAPD, not a chippy. This is all BS


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Old 04-04-2015, 07:37 PM   #9
bonox
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tlr summary

trained moto-cop with god complex claims he can get over a 5" step that he already knows is there in daytime, therefore untrained joe should be able to get over mystery 2" step in the middle of the night and therefore bridge/road owner is not responsible for old mate coming off

did I get that right?
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Old 04-04-2015, 07:40 PM   #10
bonox
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Quote:
Q OKAY. YOU'RE FAMILIAR WITH THE PHENOMENA OF
SLAB SETTLEMENT ON THE FREEWAY, RIGHT, WHEN SOME OF THE
ROADS SINK DOWN?
MR. RODRIGUEZ: OBJECTION. LACK OF FOUNDATION.
this is like the courtroom line about a guy after post-mortem with his brain in a jar could be practicing law somewhere
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Old 04-04-2015, 09:15 PM   #11
Bill Harris
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Were I on the jury, I'd like a demo of the Ossifer hitting a 5" rise at 70mph on his bike.

Quote:
A SEVERE POTHOLE CONDITION WOULD BE SOMETHING THAT WAS THREE FEET BY FOUR FEET BY A FOOT DEEP.
Holy cow. That is Evel Knievel material.

--Bill
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Old 04-04-2015, 09:39 PM   #12
jimmex
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Hitting 5" vertical slab of concrete at 70 mph on a motorcycle = catastrophic failure of the tire, wheel, and suspension components every time.
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Old 04-04-2015, 10:00 PM   #13
portablejohn
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If there was a permanent hazard in the road wouldn't people be wrecking there every single day?
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Old 04-04-2015, 10:53 PM   #14
bonox
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he's probably using the same 5" measurement he tells the wimmens
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Old 04-05-2015, 01:10 AM   #15
bwalsh
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Quote:
Q OKAY. YOU'RE FAMILIAR WITH THE PHENOMENA OF
SLAB SETTLEMENT ON THE FREEWAY, RIGHT, WHEN SOME OF THE
ROADS SINK DOWN?
MR. RODRIGUEZ: OBJECTION. LACK OF FOUNDATION.
Exactly! The defense rests!
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