Case details

Families: Deputy’s failure to warn of turned stop sign caused crash

SUMMARY

$4000000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
brain, brain injury, chest, died from injuries, dislocation, elbow, fracture, rib, traumatic brain injury, traumatic head
FACTS
On Jan. 28, 2008, plaintiffs Ray Yardley and Arda Cox, and plaintiffs’ decedents April Yardley, 56, a hairdresser and Mr. Yardley’s wife; Randal Bradshaw, 64, a maintenance worker; and Colleen Bradshaw, 61, a manicurist and Mr. Bradshaw’s wife, were all passengers in a 2007 Chevrolet Silverado pickup truck operated by plaintiff William Cox, Ms. Cox’s husband. The three couples, all residents of Beaver, Utah, were on their 17th annual trip to Southern California and Mexico with Mr. Yardley and Ms. Cox seated in the middle row, and Ms. Yardley and the Bradshaws seated in the third row. Earlier that morning, Imperial County Deputy Sheriff Moises Badena was on his regular patrol. At approximately 6:40 a.m., he came upon the intersection of State Route 115 and Shank Road, in Brawley, and noticed a broken stop sign for traffic traveling east on Shank Road. Badena subsequently called dispatch, notified them of the condition of the stop sign, and left the scene. At around 7:30 a.m., Mr. Cox was traveling south on SR-115 when his pickup truck entered the intersection with Shank Road and was broadsided by a tractor-trailer operated by Cordell Perkins. Mr. Yardley and the Coxes all sustained head , while Ms. Yardley and the Bradshaws died instantaneously in the crash. Mr. Yardley and his wife’s three children sued the maintainers of the intersection, the state of California and the California Department of Transportation; and the sheriff’s deputy’s employer, the county of Imperial. Mr. and Ms. Cox brought a separate suit against the state, Caltrans, and the county. The Bradshaws’ children, acting individually and on behalf of their parents’ estate, also brought a separate suit against the state, Caltrans, and the county. The plaintiffs each claimed that the defendants were negligent for failing to address the dangerous condition of public property and for failing to warn of that dangerous condition. The actions were ultimately joined for trial. The state and Caltrans were voluntarily dismissed from the case. Thus, the matter continued against the county only. Witnesses testified that the stop sign was broken, tied together with baling twine at approximately 4-feet high, and turned in a manner so as to face southbound traffic on SR-115 and not be visible to eastbound Shank Road traffic. Plaintiffs’ counsel contended that although Badena noticed the broken stop sign at the intersection while he was on his regular patrol and called dispatch to notify them about the condition, Badena failed to exit his vehicle, make any attempt to turn the sign to face the proper direction, place any warning devices, or stay at the scene until the sign could be repaired. Counsel contended that as a result, approximately 40 minutes later, Perkins, driving a tractor-trailer on eastbound Shank Road at approximately 40 to 45 mph, saw the stop sign, thinking momentarily that it was for traffic on SR-115 (as it was not facing Shank Road), and entered the intersection without stopping. While Perkins had traveled Shank Road, he not been through the intersection prior to the morning of Jan. 28, 2008. Thus, counsel contended that Perkins only saw the painted limit line as he entered the intersection and attempted to brake, but collided with the plaintiffs’ vehicle. In addition, plaintiffs’ counsel contended that Mr. Cox was familiar with SR-115, which is a commuter road, and was traveling at approximately 60 to 65 mph, but that as Mr. Cox noticed that the tractor-trailer approaching from Shank Road was not going to stop, he accelerated in an attempt to avoid a collision, but was unable to do so. Plaintiffs’ counsel argued that, pursuant to Government Code § 835, the county of Imperial is responsible for the collision as Badena, a county employee, had a duty to warn those traveling on Shank Road, a county road that intersects with SR-115, of a dangerous condition (the broken stop sign), of which the county, through Badena, had actual notice. Counsel also argued that the county owed a duty to the plaintiffs’ traveling on the adjacent property, SR-115, as the condition on the adjacent property exposes those using public property to a substantial risk of injury. Thus, counsel contended that despite having noted the “faulty” stop sign and notifying dispatch, Badena proceeded to leave the area without taking any protective safety or warning measures, creating a reasonably foreseeable risk of the kind of incident that occurred in this case — a collision at an intersection with a broken stop sign, of which the county had actual notice and failed to protect against it. Defense counsel contended that the Badena noticed the condition and that all he was required to do was evaluate it, which he did so and deemed it to be not dangerous., The trial was bifurcated. Damages were not before the court. Ms. Yardley, Ms. Bradshaw and Mr. Bradshaw all sustained multiple traumatic and subsequently died from their . Ms. Yardley was 64 years old. She was survived by her husband, two daughters, and a son. Ms. Bradshaw was 61 years old and her husband was 64 years old. They were survived by their four daughters and two sons. Mr. Yardley, Mr. Cox and Ms. Cox each claimed that they had sustained head . They were subsequently taken to a hospital. Thus, Mr. Yardley, Mr. Cox and Ms. Cox sought recovery for their respective medical costs and pain and suffering. The surviving family members also sought recovery of wrongful death damages.
COURT
Superior Court of Imperial County, El Centro, CA

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