Improperly designed state highway contributes to collision of automobile and van.
This case involved the death and serious personal injuries of two sisters after a two-car accident on U.S. Highway 50 in El Dorado County, California. The Plaintiffs were passengers in a 1993 Honda Civic on Highway 50 when it collided head-on with the 1992 Toyota van.
The driver of his van had lost control of his vehicle and crossed over the highway into the eastbound lanes after he suddenly hit a patch of black ice. One Plaintiff was seriously injured and her sister died.
Casper, Meadows, Schwartz & Cook filed suit against both the driver of the van and the state of California. Casper, Meadows, Schwartz & Cook held several contentions of liability against the State. First, the firm contended the highway was negligently maintained and therefore led to dangerous conditions for motorists. Casper, Meadows, Schwartz & Cook also contended that the State negligently failed to institute approved safety improvements that would have reduced cross-median collision and prevented the fatal accident. Finally, Casper, Meadows, Schwartz & Cook contended that the State failed to warn the public of this hazardous trap created by icy road conditions.
The State countered that the driver of the van did not exercise reasonable care in light of the winter conditions and blamed him for the head-on collision. The State also argued that it had no notice of the black ice on the roadway and claimed immunization from negligence under a government code.
However, despite the State’s arguments, the case was settled after two days of mediation with Casper, Meadows, Schwartz & Cook clients receiving a total of 2 million dollars.