On March 29, 2009, plaintiffs’ decedent Alexandria Drake, 25, was driving on California State Route 67 with her 4-week-old son, Jayden, in the backseat. When they were just outside Ramona, their vehicle was struck by a vehicle operated by Melvin Pearles, who had crossed over the center line. Pearles had been traveling at a speed of approximately 100 miles per hour and witnesses to the accident claimed that he was racing with another vehicle, allegedly driven by Drew Drummond. Drake died in the collision. As a result, Pearles was convicted of Vehicular Manslaughter and sentenced to four years prison. The decedent’s husband, Jay Drake; Jayden’s guardian ad litem, Paul McKeirnan; and the decedent’s parents, Shannon McKeirnan Sr. and Pamela McKeirnan, sued Pearles, Drummond and the state of California. They alleged that Drummond and Pearles were negligent in the operation of their respective vehicles, and that the state was negligent for failing to repair or maintain the roadway’s dangerous condition. Thus, they alleged that the defendants were liable for Drake’s wrongful death. Pearles ultimately agreed to settle with the Drakes and another injured party prior to trial. Also, late in the case, a default judgment was entered against Drummond for $11 million. In addition, plaintiffs Jay Drake and Shannon McKeirnan dropped themselves from the case the day before trial. Thus, the matter proceeded to trial on the claims made by Paul McKeirnan, on behalf of Jayden, and Pamela McKeirnan against the state only, alleging that its Department of Transportation was liable for Alexandria Drake’s wrongful death and personal . Plaintiffs’ counsel argued that the state failed to follow its own rules and regulations requiring a center concrete median barrier, creating a dangerous condition of public property at the area of the collision. Counsel contended that, under state guidelines, the barrier should have been installed much earlier on that stretch of roadway. In addition, plaintiffs’ counsel argued that the state knew the roadway was dangerous due to a fatality rate that was twice the statewide average. Counsel subsequently presented Caltrans statistics that showed that SR-67 had a per-mile fatality rate that was twice the statewide average from Jan. 1, 2005, through Dec. 31, 2007, according to a 2009 agency report. Defense counsel contended that the roadway was not dangerous and that the state acted reasonably with regard to the administration of its monitoring programs. Counsel also contended that it was not feasible to install a median barrier in the location of the Drake accident and that the crash was due solely to the actions of the two reckless drivers., Alexandria Drake sustained multiple traumatic in the crash and died several hours later. She was 25. Drake was survived by her 4-week-old son, Jayden, her husband and her parents. The decedent’s mother, Pamela McKeirnan, was traveling in front of Drake and witnessed the fatal crash. Thus, she claimed she suffered emotional stress as a result of witnessing the accident that led to her daughter’s death. Jayden, who is now 3 years old, sought recovery of wrongful death damages. Mrs. McKeirnan sought recovery of damages for her past and future emotional pain and suffering as a result of witnessing the accident.