Case details

Flooding on roadway caused fatal crash, parents alleged

SUMMARY

$4000000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
death, loss of society, multiple trauma
FACTS
On April 22, 2010, plaintiffs’ decedent Samantha Schultz, 22, an active Marine, lost control of her vehicle on a flooded section of Camino del Rey in Bonsall, east of Golf Club Drive, where the road runs alongside a golf course, and struck a utility pole. She sustained catastrophic and subsequently died the following day. Schultz’s parents, plaintiffs Keith Schultz and Tobie Deala, sued the county of San Diego; the state of California; San Diego Gas & Electric Co., the utility company responsible for placing the telephone pole adjacent to the road; San Luis Rey Downs Enterprise, LLC, the owner of the golf course; and Rainbow Municipal Water District, which supplies water to a hilly, agricultural area that flanks much of Interstate 15 and Highway 76. They alleged the defendants were negligent in the repair and/or maintenance of the roadway, constituting a dangerous condition. They also alleged that the defendants’ negligence made them liable for their daughter’s wrongful death. The Rainbow Municipal Water District and the state of California were dismissed from the case very early on. Also, the San Diego Gas & Electric Co. and San Luis Rey Downs Enterprise agreed to settle with the plaintiffs prior to trial. Thus, the matter proceeded to trial against the county only. Plaintiffs’ counsel contended that the county had been aware of flooding on the subject section of Camino del Rey for several years prior to the crash and had been in dispute with San Luis Rey Downs Enterprise over who was responsible for fixing the road. Thus, counsel asserted that the flooding problem had existed for a number of years prior to the subject accident, and that the county was responsible for the design, construction and maintenance of the roadway. Counsel also contended that the surrounding areas were aware of the flooding problem, but unreasonably failed to take any serious steps to address it. Counsel further contended that the governing entities failed to add appropriate drainage facilities or to elevate the roadway in order to keep water from pooling on the surface. These agencies also failed to post warning signs or close the road when flooding occurred, including on the day of the accident, plaintiffs’ counsel contended. In addition, plaintiffs’ counsel contended that the flooding occurred even when it was not currently raining and when other parts of Camino Del Rey were dry. Thus, plaintiffs’ counsel argued that motorists had no reason to suspect that the roadway would be flooded in and around Golf Club Drive and Via Maria Elena, or that they would need to slow down in order to avoid an accident. The county disputed the plaintiffs’ claims of prior accidents at the same location, and asserted that there was one other reported accident near the location in 2009, but that it involved a different utility pole and more water. It also claimed that its conduct was reasonable in light of the large cost involved in solving the flooding problem and the limited budget at its disposal for fixing roads throughout the county. The county’s counsel argued that Samantha Schultz was comparatively negligent due to her excessive speed of 60 mph in a 50-mph zone, as well as due to her emotional turmoil resulting from a recent breakup and a medical procedure earlier that day. Counsel also presented testimony that stated that soon after Schultz was seen accelerating into the curve at a speed of up to 65 mph, a large semi-trailer truck came from the other direction and startled one of the witnesses in the line of cars behind Schultz. Thus, defense counsel contended that Schultz was distracted going into the curve, possibly reaching for her phone, saw the large truck, and did a swift and sudden panic turn to the right, causing her to lose control. In addition, counsel asserted that the amount of water on the road was about one-quarter of an inch deep, which was not enough to cause hydroplaning. The county added that the “flooded” signs were in place since the early morning hours and last seen by one of the road crew members as being upright and in position just 5 to 10 minutes before the crash. Thus, the county’s counsel argued that Schultz accelerated into the curve, ignoring the posted 50-mph speed limit sign, the water on the side of the road, the water crossing the road that was visible to drivers 500 feet or more before it, and the “flooded” warning signs, resulting in the crash due to Schultz’s inattention. Plaintiffs’ counsel responded that the presence of the “flooded” signs was disputed by eyewitnesses., Emergency crews responded to the scene, and Samantha Schultz was airlifted by Mercy Air to Palomar Medical Center in Escondido. She sustained multiple traumatic and subsequently died at the hospital the following day. She was 22. Schultz’s parents sought recovery of wrongful death damages on behalf of their daughter, as well as damages for their loss of love, companionship, comfort, care, assistance, protection, affection, society and moral support.
COURT
Superior Court of San Diego County, San Diego, CA

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