A Napa, California, man is suing the California Department of Transportation and others after he fell from a bridge while trying to cross over the median.

Joseph Montano of Napa County was walking on a sidewalk on the Imola Avenue Maxwell Bridge around 9:30 p.m. on January 31, 2015, when he decided to swing his legs over the median barrier and jump to the other side. According to news reports, Montano thought there was a walkway beneath the two parallel spans.

“There is no walkway connecting the two spans,” and Montano fell about 40 feet, landing on rocky ground below, according to the suit. Montano claims he suffered severe and permanent injuries and is currently out of work as a result of the fall.

Allegations against the defendants include negligence, dangerous condition of public property and unsafe design.

“The open-median design of the bridge creates a concealed trap that, in the absence of suitable warning devices and sufficient lighting, would not be anticipated and, therefore, poses a danger,” the suit asserts.

“Public municipalities are supposed to anticipate all uses,” Montano's attorney, Thomas L. Gill said. “Normal people do jaywalk. Our laws say they are supposed to anticipate something like jaywalking and not ignore the safety of jaywalkers.”

David C. Jones, the assistant city attorney for Napa, one of the other defendants, countered, "The Maxwell Bridge was built to design and lighting standards, and the city has no reason to believe that any improper design, or lighting or signage deficit, contributed to Mr. Montano’s accident in any way."

—Source: napavalleyregister.com