Facts

On Aug. 20, 2008, at about 4:40 a.m., William Tindall stopped to help the driver of a car that had slid off of the road during a chip seal resurfacing project on Marsh Creek Road in the County of Contra Costa. While waiting for emergency services, another car was involved in a solo car accident, and struck Tindall, killing him. Both cars had slid on gravel which was present as part of the pavement resurfacing project.

PLAINTIFF'S CONTENTIONS:
Tindall's family filed suit against the County and the CHP, alleging wrongful death; both claims were for dangerous condition of a public property. The family alleged there had been 14 similar accidents during the projects in previous years.

DEFENDANT COUNTY OF CONTRA COSTA'S CONTENTIONS:
The County denied a dangerous condition, and alleged that the drivers were traveling at speeds unsafe for conditions, and not heeding the "Loose Gravel" and "25 mph" signs. The County contends that it was not proper to admit evidence of prior accidents, and that this will be an issue for appeal.

DEFENDANT STATE OF CALIFORNIA (CHP)'s

Result

The jury awarded Tindall's family $11,700,796 with 100 percent liability on Contra Costa County. Prior to trial, plaintiffs settled with miscellaneous construction contractors for $1,340,000. The jury found no liability on the part of the CHP.

Other Information

FILING DATE: Dec. 23, 2009.

Deliberation

1.5 days

Length

one month