Case details
Husband claimed city’s failure to move weir caused fatal crash
SUMMARY
$2059413
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
traumatic injuries
FACTS
On Sept. 2, 2011, plaintiff’s decedent Sandy Alechman, 66, a retired nurse, was operating her Mercedes sport utility vehicle on San Timoteo Canyon Road, in Redlands, when she collided with a cement structure, called a weir, on the side of the road. The collision caused two of Alechman’s tires to blow out and her SUV rolled over 2.5 times. Alechman subsequently suffered multiple traumatic and later died at a hospital. The decedent’s husband, plaintiff Sheldon Alechman, sued the believed maintainers of the roadway, the city of Redlands and the county of San Bernardino; and the believe maintainers of the surrounding area, San Bernardino Valley Water Conservation and Redlands Orange Inc. Several of the defendants were dismissed from the case, and the matter continued against the city of Redlands only. Plaintiff’s counsel contended that the cement structure (the weir) was only 15 inches from the side of the road, creating a dangerous condition of public property for motorists. Counsel also contended that the city knew of the dangerous condition, but failed to move it, and that nobody could identify the purpose of the structure, who installed it, or who owned it. Plaintiff’s counsel further contended that while the cement structure was technically not sitting on city property, the weir was in the city’s right of way, and thus, the city had an obligation to remove it. In addition, counsel contended that the city placed reflective paddles on the weir, despite not knowing its purpose or owner, and that this action proved that city officials knew it posed a potential hazard to drivers. Defense counsel contended that the weir did not pose an unsafe condition and that structures like fire hydrants and light posts are often placed in close proximity to high-speed traffic. Counsel also contended that the decedent was driving at 80 mph on a 55-mph road. Thus, defense counsel argued that the decedent should have been able to avoid the weir if she was driving prudently., Sandy Alechman sustained multiple traumatic in the rollover accident and was subsequently taken to Loma Linda University Medical Center, in Loma Linda. She ultimately died three days later, on Sept. 5, 2011. She was 66 years old. The decedent was survived by her husband, Sheldon Alechman. Thus, Mr. Alechman sought recovery of wrongful death damages.
COURT
Superior Court of San Bernardino County, San Bernardino, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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