Family Settles for $5 Million With Property Owner in Fatal Accident Involving Swing-Arm Gate

Premises Liability

Rosa Aviles, et al. v. Niguel Shores Community, et al. (Orange County Super Ct. No. 30-2022-01282672-CU-PO-CXC): On October 20, 2023 after a full day of mediation, the parties agreed to the terms of a $5 settlement in a case where plaintiff’s husband was killed when his truck crashed into a swing arm gate on a property owned by defendant Niguel Shores Community. While driving his truck, he crashed into the swing arm gate resulting in the gate crashing through his windshield and impaling him. Plaintiffs alleged that the design and placement of the gate constituted a dangerous condition. Defendant denied all liability, arguing that decedent was at fault for the accident. Plaintiffs were represented by Panish, Shea, Boyle & Ravipuldi LLP.