Articles Posted in Wrongful Death

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A tragic California wrongful death lawsuit came to an end last week when a jury awarded $11.7 million to the victim’s wife and daughter. The Contra Costa Times reported that the victim was 56-year-old William Tindall, Jr.,who was killed when he stopped to help a fellow motorist who had careened off the road. The incident occurred at an intersection in Contra Costa County, California; which was, at the time, under construction. road%20construction.jpg

The article notes that the county had posted signs reducing the speed limit in the area, but they never covered up the old signs that contained the usual speed limit for that road, even though to do so would have been in accordance with standard practices. The first motorist’s vehicle speed, combined with an excessive amount of gravel that had been left on the road by construction workers, caused him to lose control of his vehicle and spin off the road. Tindall, who was passing by when this occurred, immediately stopped his own vehicle and rushed to aid the victim. As he was doing so, yet another vehicle lost control, in the same spot as the first and for the same reasons. That vehicle struck and killed Tindall.

As with so many California wrongful death cases, what makes this one even more heartbreaking is the fact that it did not need to happen. The road in question had been repaved several times over the past 15 or so years, with a total of 21 days of construction. During those 21 days, 15 serious accidents occurred. There was also evidence presented that construction workers in the area did not follow standard industry practice of clearing excess gravel from the road in order to prevent spin-outs. Clearly, the county was on alert that this was a dangerous construction zone, but they failed to take the very basic and simple steps necessary to make it safe for motorists. Because of their negligence, a woman lost her husband, and a child lost her father.

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The family of a motorcycle rider who was killed in 2009 will receive $1.8 million in a settlement agreement reached with the City of San Diego. Kenneth Sully was killed at an accident-prone intersection at Pacific Highway and Cedar Street when he collided with a Toyota Corolla.

The family’s attorney Benjamin Bunn was able to show that the city of well-aware of the dangers posed by the configuration of the intersection, and that efforts to make it safer – including the addition of a $3,000 traffic signal – were repeatedly denied by city officials. According to news accounts, there were a dozen accidents at the intersection between 2006 and 2009, and that the city was aware of the dangers as far back as 1999. Three months after the fatality, the city installed a proper traffic signal.

According to the San Diego Union Tribune:

City Attorney Jan Goldsmith explained that the city had been slow to address complaints about the intersection’s dangers after a left-turn lane was created on southbound Pacific Highway in 1997. The city didn’t erect a left-turn yield sign or a turn signal, which left the impression that drivers could turn left — into oncoming traffic — once the signal turned green. Several attempts to fix the problem fizzled through the years because of budget woes and employee incompetence, Goldsmith said.

The settlement required approval by the San Diego City Council, who approved the settlement last Tuesday.

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A Caltrans worker working near trolley lines in National City died today after being struck by the trolley just north of the 24th Street stop. Stephen Palmer, 64, of Jamul was pronounced dead at UCSD Medical Center where he was taken after the accident. He suffered a major head injury.

According to reports, Palmer, who work for the Caltrans Imperial Landscape Crew, tried to get out of the way of the fast moving trolley, but it was too late. Authorities told the media that the driver said he saw Palmer and honked the trolley horn, but a comment by an alleged passenger on the 10News.com website said that that he never heard a horn.

“We are still sifting through the details of what took place, and dealing with the shock of suddenly losing a member of our Caltrans Family,” said Caltrans District Director Laurie Berman. “Our hearts are with Stephen’s family and friends and the employees who worked with him. It is such a tragic loss.”

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By all accounts Junethea Centeno was a popular girl with many friends and an active Facebook page. Sadly, the 18-year-old Palomar College student died last Tuesday after she lost control of her Honda Civic on northbound I-15 in Escondido and struck a concrete barrier where some roadwork was being performed. A memorial Facebook page has been set up with an astounding 25,000 followers.

Junethea’s father, who was returning from Japan where he is stationed with the Navy at the time of his daughter’s death, believes the death may have preventable. He told the North County Times that he believes the way the temporary concrete barrier was set up created a dangerous condition on the roadway, and that had it been set up correctly, Junethea’s collision may have been far less severe. Her boyfriend visited the scene shortly after the crash told 10 News, “There were no orange drums, no cones, no reflectors, nothing like that.”

Apparently CalTrans was contacted, but it has refused to comment on the condition of the road. In cases like this, the legal question is whether the construction zone and concrete barrier were set up in a way that created an unreasonably dangerous condition. If the answer to that question is Yes, then a lawsuit could be brought against CalTrans, and probably the construction crew doing the work, assuming it was being done by a separate third-party contractor under contract with CalTrans. Before a lawsuit can be filed, however, a governmental claim must first be made against CalTrans, and that claim must be denied.

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elevator.gifOn October 20, 2006, Andy Polakowski, a freshman at Ohio State, was in the dorm elevator with 23 other students when it stopped on the third floor. As Andy tried to step off the elevator, it suddenly descended, pinning him between the ceiling of the elevator and the third floor. Tragically, he was pinned in the torso area, and died almost immediately. He was only 18 and left behind his parents and three sisters.

As a result of his death, Andy’s parents brought a wrongful death lawsuit against Ohio State alleging that the school was negligent in the inspection and maintenance of the elevator, creating the conditions that allowed the brakes to fail, and killing Andy. The university, in turn, filed cross complaints against several companies involved in the installation and maintenance of the subject elevator. According to reports, inspection of the elevator revealed that it had a faulty brake, an inadequate counterweight, and no overloading alarm system. It also didn’t have a safety device to prevent sudden descents, something that is apparently required on modern elevators.

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A report released by the National Highway Traffic Safety Administration finds that the number of people killed in traffic accidents on American roads dropped to its lowest level in more than 50 years. According to the report, 32,788 people died in car accidents in 2010, a 3% decrease from the previous year, and the lowest reported level of accident related deaths since 1949.

Why the decline is unclear, specifically considering Americans are driving considerably farther distances these days.

“The recession is still a little bit of a factor,” said Barbara Harsha, executive director of the Governors Highway Safety Association, “but the big reasons are programs aimed at driver behavior, safer vehicles and safer roads.”

The use of seat belts and anti-drunk driving campaigns have also played a role, but most believe that cars continue to get safer every year. Most new cars these days come with state-of-the art safety equipment, including multiple airbags. That wasn’t the case only 10 years ago. Experts believe that next generation safety features will continue to cut the death rate, including warning systems that tell a driver when he or she is drifting into another lane, or when they are traveling to close to a car ahead.

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A 41-year-old Temecula woman is charged with second-degree murder after causing an auto accident that killed her 9-year-old daughter. According to reports, the woman, Karen Faye Honeycutt, may have consumed a dozen beers before getting behind the wheel of her SUV and speeding down the Vail Ranch Parkway in Temecula before losing control and striking a concrete light pole. Two other children in the car were also injured.

This is a devastating tragedy for the family. Honeycutt’s 16-year-old son came upon the scene while walking home from school to learn that his mother and sister had been involved the fatal accident.

News reports state that toxicology tests show that Honeycutt’s blood alcohol level was at.22 percent, over nearly three-times the legal limit. She also had signs of marijuana use in her blood.

Tragically, Honeycutt had a history of driving under the influence. She had at least to prior infractions, and apparently had her driver’s license suspended from 1994 thru 2009.

Source: The Press Enterprise

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A 77-year-old man driving a street sweeper fell asleep behind the wheel and veered into that path and striking a bicyclist on Friday. The cyclist, 44-year-old Suntat Peverley of Mira Mesa, died later that evening.

According to reports, the street sweeper was traveling southbound on Genesee Avenue near Clairemont Mesa Blvd. when it came up behind Peverley and, without slowing, struck him from behind. Peverley was thrown to the pavement, striking his head, and causing a severe brain injury. The victim was wearing a helmet.

What is also unclear is who the street sweeper was working for at the time of the incident, and why he was out in the busy streets during rush-hour on a Friday. Also, what is a 77-year-old doing operating heavy equipment? No doubt these answers will be sought in the legal action the family should certainly pursue.

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A San Diego jury returned a $14.4 million verdict this week in favor of three young boys whose parents were killed in 2006 in an auto accident in Arizona. The wrongful death verdict was rendered against Mossy Ford, after a jury concluded that the dealership’s negligence in performing a tire repair caused the fatal accident.

Adam Shea, one of the attorneys for the three young boys, ages 8, 5, and 3 at the time of the accident, argued that the Ford E350 van being driven by Casey Barber experienced tread separation on one of the tires while traveling on Highway 98 in Arizona. The tread separation, according to the plaintiffs, was the result of a faulty tire repair at the dealership. According to Shea, the dealership should never have tried to repair it. The jury agreed.

The case was venued in San Diego because that is where the defendant, Mossy Ford, is located. According to news reports, there were originally additional defendants, who paid $8.3 million in settlement prior to trial.

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Misaalefua.jpg There is a very interesting legal story developing in Oceanside. Early on Christmas morning, 44-year-old Jimmy Misaalefua was gunned down in the cul-d-sac where he lived by his neighbor Robert Pulley. According to news accounts, Misaalefua was beloved in his community, a former Marine and college football player, who was an active volunteer in the Oceanside community. He left behind a wife and two children, a seven-year-old daughter and a six-year-old son, whose birthday was celebrated a week before his father’s death. A real tragedy.

The events leading up to Misaalefua death raise all kinds of legal questions about police conduct, and whether this tragedy could have been avoided.

According the North County Times, shortly before the shooting, fire fighters had been called to Pulley’s house in response to a 911 call where it had been reported that Pulley and assaulted his 20-year-old son. Apparently Pulley was acting belligerent, and it took several fire fighters to restrain him, which prompted a call to the Oceanside Police Department. When police officers arrived, they determined that this was nothing more than a domestic dispute, and no arrests were made. Police drove away at 2:40 a.m.

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