SEATTLE – The family of a brain-injured Seattle man has settled a $3.5 million case against King County for failing to properly maintain roads promoted as bike safe.

Jeffrey Totten, a former nuclear engineer, suffered a severe, permanent brain injury when his bicycle hit an unmarked hazard on Novelty Hill Road in Redmond. Totten was an endurance athlete entering a Master’s program at the Bainbridge Institute before the accident. He currently resides in an assisted living facility in Mt. Vernon and requires full-time care. He can never return home to his wife, Danielle Leavell, who still lives in Seattle and visits her husband as often as possible.


“All of our dreams ended the day Jeffrey had his bicycle accident. We lost everything. Jeffrey will never be the man he was,” said Danielle. “I can only hope his case makes a difference for another family.”

On Sept. 4, 2006, Totten was biking on Novelty Hill Road when he hit a crater surrounding what is known as a ‘monument cover,’ a permanent marker in the road used for road surveys. King County had not properly maintained the asphalt around the metal cover and it had eroded leaving a large hole in the wheel track where cyclists ride. Totten, who was 31 at the time, was thrown from his bike and violently hit his head when he landed in the roadway. Despite wearing a bicycle helmet, Totten suffered a traumatic brain injury. Novelty Hill Road is a recommended road for bicyclists by the County.

Several attorneys worked on behalf of the Totten family: John Messina and John Christensen of Messina Bulzomi Christensen law firm in Tacoma, along with co-counsel Richard Adler and Betsylew Miale-Gix of the Adler Giersch Law Firm in Seattle. Attorneys say Totten’s case should encourage the County to inspect designated bicycle paths as suitable for bicycles. The County routinely publishes favorite biking trails and roads for bicycle enthusiasts and commuters, but County maintenance crews failed to remove this obvious hazard and keep the condition of road safe for bicyclists and not just motor vehicles.

“This was a dangerous situation with a simple solution. Given the limited lane miles on the County’s bike map, we think routine inspections would require a minimal effort that will protect the public,” said Christensen. “Given the positive level of cooperation we have received from the County and its attorneys in this case we are hopeful that real changes will be made that will make the roads safer for everyone.”

Download the press release.

Read more news about the case.

Download the King County Preferred Bike Route for Redmond.

Contact:
Sue Evans
206.792.0408 – Office
253.592.1590 - Cell
sevans@pyramidcom.com