Facts

On the evening of Jan. 28, 2014, plaintiff Emma Kiaie, 15, was using the crosswalk to walk home from school after softball practice. The sun had already set and it was extremely dark in the roadway. As plaintiff was walking through the crosswalk, she was hit by a pickup truck. Plaintiff went onto the hood of the truck and was dragged approximately 30-40 feet before she was flung to the ground. The driver later testified that it was so dark he could not see plaintiff in the crosswalk until the moment of impact.

The crosswalk was at midblock, connecting the school and a City park.

Plaintiff suffered severe injuries during the crash, including multiple pelvic fractures and nerve damage.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that the City's own midblock crosswalk policy stated that "[i]t is the City's policy not to paint crosswalks at midblock locations where traffic is not controlled by stop signs or traffic signals." Plaintiff contended that the City's traffic engineer admitted that the crosswalk was in violation of this policy at the time of the accident because the crosswalk was not controlled by either stop signs or traffic signals. Moreover, plaintiff contended that at the time of the crash there were no warning beacons or traffic control devices to alert drivers to the upcoming, midblock crosswalk. Further, the crosswalk was unlit and extremely dark at night. After sunset, the only illumination for students using the crosswalk came from the headlights of approaching vehicles.

DEFENDANT'S CONTENTIONS: Defendant denied the contentions.

Result

The City paid $10,500,000 to settle the case shortly before trial.

Other Information

The settlement with the driver of the pickup is confidential.