Case details
Family blamed state for fatal freeway merge
SUMMARY
$1000000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
death, multiple trauma
FACTS
On Aug. 11, 2007, plaintiff’s decedent Arnulfo Duran, 58, an aircraft maintenance mechanic, was driving on the 10th Street on-ramp to State Route 14 North in Palmdale. While attempting to merge onto the freeway, Duran was rear-ended by a vehicle operated by Joseph Redd. Duran died from sustained in the accident. The decedent’s two adult children, Emily Duran Briscoe and Arnulfo Duran Jr., sued Redd and the maintainer of the roadway, the state of California. The decedent’s children alleged that Redd was negligent in the operation of his vehicle and that the state was liable for a dangerous condition of public property. Redd never answered the complaint, and plaintiffs’ counsel filed a Request for Entry of Default on Jan. 26, 2011. Plaintiffs’ counsel argued that SR-14 North and the adjacent on-ramp were dangerous because the state of California’s Department of Transportation failed to delineate traffic and failed to provide a sufficiently long acceleration lane to allow for safe merging onto the freeway. Counsel also argued that Caltrans knew of the dangerous condition and had reasonable time to make the roadway safe, but that it failed to do so. In addition, plaintiff’s counsel argued that discovery revealed the state had a plan to install channelizers before the crash. Defense counsel argued that the roadway was safe and that the accident was caused by the inattentiveness of the two drivers involved. Specifically, counsel contended that the decedent was driving too slowly and merged too soon., Arnulfo Duran sustained multiple traumatic as a result of the collision on the freeway and ultimately died. He was 58. The decedent is survived by an adult daughter and an adult son. Thus, the decedent’s children sought recovery of wrongful death damages for the loss of their father.
COURT
Superior Court of Los Angeles County, Los Angeles, CA
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