Wadkins, et al. v. County of Tulare, et al.
Published: Nov. 12, 2002 | Result Date: Oct. 21, 2002 | Filing Date: Jan. 1, 1900 |Case number: 99188451 Verdict – $0
Judge
Court
Tulare Superior
Attorneys
Plaintiff
Benjamin Schonbrun
(Schonbrun DeSimone Seplow Harris & Hoffman LLP)
Michael D. Seplow
(Schonbrun, Seplow, Harris & Hoffman LLP)
Defendant
Dana A. Fox
(Lewis, Brisbois, Bisgaard & Smith LLP)
Kathleen A. Taylor
(Tulare County Counsel)
Experts
Plaintiff
Harry J. Krueper Jr.
(technical)
Defendant
Ronald Shields
(technical)
Facts
The action involved a single vehicle accident on Dec. 11, 1998 that resulted in the deaths of four
adults and two children. The vehicle veered off a Tulare County two-lane road, struck a bridge
abutment and fell into the Friant-Kern Canal. It was stipulated that five of the six decedents died
as a result of fresh water drowning; the sixth died from a cervical fracture.
Settlement Discussions
The plaintiffs initial demand was $8.5 million plus installation of a guardrail at the accident site, or $9 million. The plaintiffs later reduced their demand to payment of $1 million by the County of Tulare structured over 10 years of which plaintiffs would donate $250,000 for road improvement and construction of a guardrail at the accident site, plus a structured payment of $4 million from the county's reinsurance/excess insurance carrier. The defendant made a pretrial offer of $250,000.
Damages
The deaths of six people.
Other Information
The jury found that the accident location did not constitute a dangerous condition of public property. Prior to trial, the plaintiffs settled with defendant Hanford Auto Sales for $905,000 and with defendant Friant Water Users Authority for $300,000. The plaintiffs also reached a confidential settlement with the manufacturer of the vehicle.
Deliberation
three hours
Poll
9-3
Length
15 days
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