Couple sues King County for $20 million after devastating bicycle accident

   A King County couple has filed a $20 million lawsuit against King County after a devastating bicycle accident left the husband with permanent brain injuries.

On Sept. 4, 2006, Jeffrey Totten and a group of cyclists were riding along Novelty Hill Road in Redmond. When Jeffrey approached the area of 19310 Novelty Hill Road his bicycle hit a large, unmarked hole in the road. The hole surrounded what is known as a ‘monument cover,’ a permanent marker in the road. King County had not properly maintained the asphalt around the metal cover and it had eroded leaving a large hole.

Jeffrey, who was 31 at the time of the accident, was thrown from his bike and violently hit his head when he landed in the roadway. Despite wearing a bicycle helmet, Jeffrey suffered a traumatic brain injury and spent several weeks in a coma at Harborview Medical Center .

“King County is responsible for the maintenance of Novelty Hill Road and had approved and even recommended the route for bicycle travel,” said John Messina, attorney for Messina Bulzomi Christensen, the firm representing Jeffrey. “Had the County properly maintained the road this tragic event would have never happened.”

That particular portion of Novelty Hill Road does not have designated bike lanes, forcing cyclists and motorists to share the roadway. Yet the route is one that has been recommended and approved by King County for cyclists. Jeffrey’s attorneys contend the accident happened because of negligent maintenance of the road.

Jeffrey suffered extensive physical and mental injuries that will affect the rest of his life. At the time of his injury, Jeffrey was a project manager in an energy-consulting firm in Issaquah. 

“My husband was an engineer and was about to go back to school to get his Master’s degree,” says Danielle Leavell, his wife. “Now he is living in a care facility in California.  He can never go back to the job he loved, and our lives will never be the same.”

John Messina and co-counsel, Richard Adler have filed a $15 million lawsuit on behalf of Jeffrey and a $5 million suit on behalf of his wife, Danielle.

Jeffrey, who is now 33, is receiving on-going rehabilitation at a facility in California. Danielle maintains their residence and her business in Seattle and travels frequently to be with Jeff.