Case details

Failure to replace crash barrier caused death: family

SUMMARY

$21169685

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
death
FACTS
On March 6, 2016, plaintiffs’ decedent Kevin Walsh, 33, was driving on State Route 134, in Burbank. He lost control when his vehicle encountered rainwater that had pooled on the roadway. The vehicle struck a metal attenuator on the roadway’s median. Walsh suffered a fatal injury. Walsh’s widow, Eryn Walsh, acting individually, on behalf of her husband’s estate, and on behalf of the couple’s minor daughter, Lauren Walsh, sued the roadway’s maintainer, the California Department of Transportation; that entity’s operator, the state of California; and Kevin Walsh’s insurer, Travelers Indemnity Co. The lawsuit alleged that the state and the California Department of Transportation negligently created a dangerous condition that caused Kevin Walsh’s fatal injury. The lawsuit also alleged that Travelers improperly and without authorization disposed of Walsh’s vehicle, thereby preventing proper investigation of the accident. Plaintiffs’ counsel negotiated a settlement of the claims against Travelers. Terms were not disclosed. The matter proceeded to a trial against the remaining defendants. Plaintiffs’ counsel contended that Walsh’s death was a result of the attenuator having failed to stop Walsh’s vehicle. Plaintiffs’ counsel claimed that the attenuator was fully collapsed, as a result of an accident 17 days prior to Walsh’s accident, and should have been reset. Plaintiffs’ counsel noted that California Department of Transportation standards require attenuators to be reset within a week of an impact. Defense counsel claimed that there were no records or witness reports of the attenuator having being impacted and fully collapsed prior to the instant accident. Defense counsel also argued that, despite the wet conditions, Walsh was speeding. Defense counsel further claimed that Walsh was intoxicated. A forensic toxicology report suggested that, at the time of the accident, Walsh’s blood-alcohol content was 0.082., Walsh suffered a fatal injury and apparently died on impact. He was survived by his wife and a minor daughter. Walsh’s family and estate sought recovery of wrongful-death damages.
COURT
Superior Court of Los Angeles County, Burbank, CA

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