Humboldt County Jury finds CalTrans and California Department of Parks and Recreation liable for dangerous condition of public property

A Humboldt County jury today found CalTrans and California Department of Parks and Recreation liable for maintaining a dangerous condition of public property at the intersection between State Highway 36 and Grizzly Creek Redwoods State Park.  The available sight distance for drivers exiting the park is less than half of what is required in CalTrans' Highway Design Manuals.  The dangerous intersection caused the death of a local MCKinleyville man when the car his wife was driving was struck by a truck driving past the park three years ago on July 12, 2011.

The jury found that both CalTrans and State Parks had notice of the dangerous condition for many years and that it was not reasonable for those State Departments to take no actions to protect the public.

The evidence revealed a number of prior accidents at the intersection during the last decade and multiple near misses every week during the summer.  The evidence also revealed that Park employees developed a trick for getting out of the park by looking behind a tree and then dashing to the limit line before gunning it when taking a left.  The Park employees told many visitors about the trick, but did not remember to tell the plaintiff, who was visiting the park for the first time.

The jury found the damages for emotional distress and wrongful death to be $1,534,000.  The jury found CalTrans liable for 30% of the damages and State Parks to be liable for 10% of the damages.  The jury found plaintiff to be 60% at fault.

Plaintiff had offered to settle with CalTrans for a lower amount than what was awarded by the jury and CalTrans refused to offer anything to the widow.  Therefore, in addition to the amount in the verdict, CalTrans will be also be responsible for the plaintiff's court costs and expert fees.

Plaintiff, the surviving widow, was represented by Patrik Griego and Amelia Burroughs from Janssen Malloy LLP.

Plaintiff has not asked for any trees to be removed, but is hopeful that the speed limit is reduced and that CalTrans provides a warning system for drivers approaching and exiting the park.  Plaintiff thanks the State Parks employees who were willing to testify about the problems they had witnessed at the entrance over the last three decades in the hopes of preventing another tragedy.