Case details
Roadway design caused daughter’s fatal crash: mother
SUMMARY
$600000
Amount
Mediated Settlement
Result type
Not present
Ruling
KEYWORDS
blunt force trauma to the head, brain, brain injury, head, major head injury, traumatic brain injury
FACTS
On April 2, 2010, at approximately 3 p.m., plaintiff’s decedent Maria Kalmantis, 30, a public health worker, was driving east on State Route 4 in Contra Costa. While negotiating an S-turn in rainy weather conditions, Kalmantis lost control of her vehicle and spun out, crashing into a Pacific Gas & Electric utility pole. Kalmantis was ejected from her vehicle and she sustained a major head injury. She passed away two days later, on April 4, 2010. The decedent’s mother, Harriet Kalmantis, acting individually and on behalf of her mother’s estate, sued the state of California, the California Department of Transportation, Pacific Gas & Electric Co., and the county of Contra Costa. Harriet Kalmantis alleged that the defendants were negligent in the design of SR-4, creating a dangerous condition of public property. The county of Contra Costa was subsequently dismissed from the case. Plaintiff’s counsel argued that the state and Department of Transportation negligently designed and configured the roadway, in that the crowning of the S-turn curves were off-camber, providing angles that were not optimal for passing vehicles. Counsel also argued that the subject area of eastbound SR-4 had inadequate drainage, which made the pavement slippery and dangerous when wet, as it was on the date of loss. Counsel further argued that there was no warning signs, such as “slippery when wet,” and that the area lacked a safety guardrail or rain grooving on the roadway. In addition, plaintiff’s counsel argued that PG&E installed the subject utility pole too close to the edge of the roadway, which created a dangerous condition when combined with the lack of a safety guardrail. Thus, counsel argued that all of these contributing factors made the subject S-turn dangerous, especially when the roadway was wet, resulting in the decedent’s accident and her wrongful death. Defense counsel argued that the subject roadway was not dangerous nor was the position of the subject utility pole. Counsel further argued that the decedent was comparatively at fault because she failed to wear a seat belt and because her vehicle tires had inadequate treading. In response, plaintiff’s counsel argued that it was not proven whether the decedent was wearing her seat belt or not. Counsel further argued that after the fatal accident, the defendants made improvements to the subject roadway by adding warning signage ahead of the S-turn, a grooved road surface, and a guardrail in front of the subject utility pole., Maria Kalmantis sustained blunt force trauma to her head, resulting in a major head/brain injury. She was subsequently declared brain-dead at the hospital. Since she was an organ donor, she was kept alive for two days so that her organs could be harvested to provide eight vital organs to six patients. The decedent died on April 4, 2010. She was 30. The decedent’s mother, Harriet Kalmantis, claimed that she had an exceptionally close relationship with her late daughter, who was actually bringing Easter baskets on her way to visit her when the accident occurred. Thus, she sought recovery of wrongful death damages, as well as damages for the loss of the decedent’s love, companionship, support, comfort and advice. She also sought recovery of $157,384 in economic damages for hospital bills and funeral/burial costs. Defense counsel disputed the proposed amount of economic and non-economic damages.
COURT
Superior Court of Contra Costa County, Contra Costa, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
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- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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