A Circuit Court judge has ordered the state to pay a man $1.34 million after he was seriously injured in a bicycle accident on Kalaniana'ole Highway in 2003.

Richard Dunn filed the lawsuit against the state Department of Transportation after his bicycle hit the base of a missing roadway divider near the Olomana Golf Course in Waimanalo on Aug. 16, 2003. Dunn was thrown from his bike and onto the roadway shortly after 5 a.m.

Dunn, a local attorney, was wearing a helmet, but suffered serious brain injuries, according to his lawsuit.

The lawsuit said the state was negligent when it installed the flexible delineators along a stretch of the highway. Dunn, through his attorneys, said several of the poles were missing, leaving only their black mounts that were difficult to see.

The state was negligent because it failed to maintain the delineators and Dunn lost control of his bicycle when he struck one of the mounts, the lawsuit said.

The delineators were installed as safety devices after a deadly crash there on Jan. 2, 2001. Lorrie-Ann Wiley of Waimanalo was killed after a drunken driver drifted across the center line and hit her head-on as she drove toward Kailua.

In a jury-waived trial, Circuit Judge Sabrina McKenna agreed that the state failed to inspect and maintain the delineators. In her ruling on Wednesday, McKenna also said the state's placement and design of the delineators were negligent.

"The state knew that the poles for the (reflectorized flexible delineators) in question were likely to break off, leaving black base mounts in an area with fairly significant bicycle traffic, with some of those cyclists riding in non-daylight hours," McKenna wrote. "Also, the state knew or should have known that there were no overhead street lights illuminating this area."

But McKenna also ruled that Dunn was partially responsible for the crash. A week before the incident, Dunn and several friends had gone on the same route and one of his friends, Harrison Kiehm, struck one of the mounts and nearly lost control of his bicycle.

"A reasonable person in Dunn's position would have conducted more research into the cause of Kiehm's incident, or would have better prepared himself while approaching the area of the incident," McKenna wrote.

McKenna initially awarded Dunn $2.2 million in damages, but reduced that amount because she said Dunn was 40 percent responsible for the accident.

State attorneys could not be reached for comment. Scott Ishikawa, Department of Transportation spokesman, declined to comment.

Kristine Meredith, Dunn's California-based attorney, said she was pleased with the judge's verdict.

"We're gratified that the court recognized the liability of the state and we understood that the state was relying heavily upon the defense of contributory negligence," Meredith said. "Although 40 percent is greater than we had anticipated, we are strongly encouraged by the court's recognition of the state's liability."

Meredith said Dunn has returned to work, but continues to suffer from his injuries.

Named as defendants in the original lawsuit were the Honolulu city government, and the manufacturers and suppliers of the bicycle helmet and delineator base mounts. Meredith said settlements were reached with these parties before trial.

Terms of the settlements are confidential, she said.

Reach Curtis Lum at culum@honoluluadvertiser.com.