Facts

On Oct. 31, 2005, plaintiffs' decedent, Kimberly Macias, who was eight years-old, went trick-or-treating in San Luis Obispo with several other children and two adults who were not her parents. Annie Tong-Try was driving her vehicle eastbound on South Street. As she came to the King Court intersection, Tong-Try's vehicle hit Kimberly as she tried to cross the street with her friends. Kimberly died the next morning at a Santa Barbara area hospital.

Claiming wrongful death, Kimberly's family sued Tong-Try for motor vehicle negligence. The family also sued the California Department of Transportation (Caltrans) and the city of San Luis Obispo for dangerous condition of public property.

PLAINTIFFS' CONTENTIONS:
The Maciases claimed the street was dangerous because it was insufficiently lit, and there was limited sight distance for a pedestrian though the street included a school, park, and bus stop within one mile along the road.

The Maciases also argued that Tong-Try was not paying attention and therefore did not see Kimberly as she crossed the street.

DEFENDANTS' CONTENTIONS:
Tong-Try did not challenge the plaintiffs' assertions.

Caltrans and the city claimed the roadway was not a dangerous condition.

Damages

The Macias family sought unspecified damages for loss of her care, comfort and society. Her siblings, who witnessed their sister get hit by Tong-Try's vehicle, sought unspecified damages for emotional distress.

Injuries

Kimberly succumbed to her injuries.

Result

The three defendants all settled with plaintiffs. Tong-Try agreed to pay $100,000 (the limits of her policy). Caltrans agreed to pay $75,000 to plaintiffs and agreed to make the road safer by narrowing it from two lanes to one and creating a safety island. The city agreed to pay $35,000, hand out reflective bags to trick-or-treaters for the next ten years, and agreed to install a memorial bench at the site of the accident.