Central California County Maintenance of Back Roads Questioned in $2.6 Million Lawsuit

By Jim Greene

Published on March 02, 2006

Ihab Abouelfittouh, 41, was killed Sept. 24, 2004, when he lost control of his motorcycle on a curve in a foothill road east of Fresno, ran off the road, and hit an exposed metal drainage culvert, according to testimony agreed to by both sides in the civil suit. At issue is whether Fresno County is guilty of negligence for not covering the culvert and maintaining a road sign warning of its presence.

Kimberly Abouelfittouh, Ihab's widow, filed a wrongful death suit on behalf of herself and the couple's two children in Fresno County Superior Court, claiming more than $2.6 million in economic damage. Plaintiffs' attorney Rick Watters said the county was liable because it had not replaced missing warning sign at the time of the accident, and because a similar accident at the same spot under similar conditions in 2001 demonstrated that the culvert should have been covered.

James Weakley, attorney for Fresno County, said it is well known that the road where the accident occurred is narrow and winding and requires cautious use. He suggested that Abouelfittouh did not exercise appropriate caution and may not have had enough experience with his motorcycle to safely use the road.

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