Facts

Harriet Kalmantis and the Estate of Maria Kalmantis sued the State of California, the California Department of Transportation, Pacific Gas & Electric Co., and the County of Contra Costa, in connection with a fatal car crash.

PLAINTIFFS' CONTENTIONS:
Plaintiffs alleged that plaintiff's daughter, Maria, was driving along State Route 4 in rainy conditions when she lost control of her vehicle. She crashed into a utility pole, and was thrown out of her vehicle. She sustained major injuries to her head, which ultimately led to her death two days later.

Plaintiffs alleged that defendants negligently designed the subject highway, which created a dangerous condition of public property. Plaintiffs alleged that there were no warnings on the roadway, and that there were no guardrails in the area where the decedent crashed. Plaintiffs also alleged that the utility pole was installed to close to the roadway, and that it created a dangerous condition.

DEFENDANTS' CONTENTIONS:
Defendants disputed plaintiffs' claims, arguing that the roadway was not dangerous. Defendants also disputed plaintiffs' claim that the utility pole was placed too close to the roadway. Instead, defendants argued that the decedent caused her own accident by speeding and talking and/or texting on her phone right before the accident. In addition, decedent failed to wear her seat belt. The defendants also disputed plaintiffs' claimed damages.

Injuries

The decedent sustained serious injuries to her head, which led to her death. Plaintiffs sought damages for wrongful death and for the loss of love, companionship, support, and advice. Plaintiffs also requested $157,384 in hospital expenses as well as funeral/burial expenses.

Result

Contra Costa County was dismissed from the case. Ultimately, the parties reached a mediated $600,000 settlement. The state paid $500,000 of the settlement, while PG&E paid the remaining $100,000.

Other Information

MEDIATOR: Jessica A. Braverman. FILING DATE: April 7, 2011.