Case details

Defense: Lack of guardrail at location was reasonable

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
head, severe head trauma
FACTS
At around 9 a.m. on Sept. 23, 2008, plaintiffs’ decedent Marine Kechechyan, 20, a receptionist/technician in a medical office, was driving on the eastbound Ventura Freeway, also known as California State Route 134, near Pass Avenue in Burbank, when her vehicle left the roadway, went over a 20-foot-high embankment, struck another vehicle, and then struck a large tree. Kechechyan was subsequently crushed by the tree and killed. Her vehicle then continued down the embankment, collided with a fence, and entered a parking lot, where it collided with a parked car. There were no witnesses to the accident. The decedent’s husband, plaintiff Sarkis Kechechyan, and minor daughter, plaintiff Victoria Kechechyan, sued the state of California, the California Department of Transportation (Caltrans), the city of Los Angeles, and the county of Los Angeles. The decedent’s family alleged that the defendants failed to properly repair and/or maintain the roadway, creating a dangerous condition of public property that resulted in the decedent’s wrongful death. The matter ultimately continued against Caltrans only. Plaintiffs’ counsel argued that the decedent’s wrongful death was caused by the lack of a proper shoulder recovery area and a lack of a guardrail, coupled with a steep embankment with many large trees, which counsel described as a “forest.” Counsel contended that virtually the entire eastbound 134 freeway had guardrails, other than the subject location. Plaintiff’s counsel further contended that state of California had recommended that a guardrail be installed at the subject location the year before the fatal incident and that a temporary K-rail was installed at the location in 2010, two years after the accident. Caltrans’ counsel argued that there was no dangerous condition due to the reasonableness of its actions and lack of a substantial risk of injury. Counsel also argued that Caltrans had design immunity and that the negligence of the drivers involved in the collision were to blame for the fatal accident., Marine Kechechyan sustained severe trauma, including blunt force trauma to her head, resulting in closed head . She subsequently died from her . She was 20 years old, and was survived by her husband of five years and her 2-year-old daughter. The decedent worked as a receptionist/technician in a medical office and was certified for medical billing. Thus, the decedent’s family sought recovery of approximately $140,000 in past loss of earnings and $4 million, plus present value, in future loss of earnings and benefits. They also sought recovery of wrongful death damages. Defense counsel agreed that the plaintiffs’ past loss of earnings was approximately $140,000, but disputed the amount of alleged future loss of earnings and benefits. Defense counsel argued that, instead, the plaintiffs’ present value of future loss of earnings and benefits only amounted to between $450,000 and $500,000.
COURT
Superior Court of Los Angeles County, Burbank, CA

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