Facts

On Sept. 23, 2008, a vehicle driven by Marine Kechechyan, 20, was involved in a minor accident with another vehicle on the eastbound 134 freeway. Kechechyan's vehicle went off the roadway and over a 20-foot embankment, where it collided with a large tree. She was crushed by the tree and killed. Her vehicle continued down the embankment, colliding with a fence and then into a parked car in a parking lot. The other vehicle never stopped and the driver was never identified.

Plaintiffs are decedent's husband of five years, Sarkis Karaminasyan, and their nine-year-old daughter, who was two at the time of the accident.

PLAINTIFF'S CONTENTIONS:
Plaintiffs alleged there was a dangerous condition of public property as there was an inadequate shoulder recovery area and there should have been a guardrail at the location, due to the steep embankment, which had numerous large trees. They claimed decedent would have sustained only minor injuries had decedent struck a guardrail. They claimed the state knew the area was dangerous as a guardrail project had been recommended the year before the accident and a temporary k-rail was placed at the location in 2010, while waiting for the guardrail project to commence.

DEFENDANT'S CONTENTIONS:
The state contended there was no dangerous condition of public property as its actions were reasonable. It also asserted a design immunity defense and claimed the drivers involved in the accident were negligent.

Settlement Discussions

Plaintiffs proposed a high/low of $7 million to $13 million during trial. Defendant offered $2.5 million prior to trial.

Specials in Evidence

Death caused by closed head injuries and severe trauma. 140,000 $500,000 -$4 million

Result

Defense verdict.

Other Information

Jurors indicated they had been deadlocked on the question of whether there was a dangerous condition of public property for over three days, prior to reaching a verdict. FILING DATE: Oct. 9, 2009.

Deliberation

three days

Poll

9-3 (dangerous condition of public property)

Length

20 days