Facts

On Nov. 24, 2018, Alexsandr Kuzminskii and his wife, Mariia Kuzminskaia, were driving on Angeles Crest Highway for a day of hiking in the Angeles National Forest, when their vehicle suddenly left the roadway as they traveled through a curve. Their vehicle traveled over the roadway edge and went several hundred feet down an adjoining embankment. At some point, Alexsandr was ejected from the vehicle and tragically died. Miraculously, Mariia survived the incident with minor injuries. Although the weather was clear and sunny at the time, the investigating highway patrol officer noted that there was ice on the roadway and that, although there were numerous yellow caution signs warning of icy conditions along the highway, an icy sign just west of the collision location was facing sideways at the time of the incident. Alexsandr was determined by the California Highway Patrol to have violated Vehicle Code section 22350 and to be the sole cause of the incident for driving at a speed greater than was reasonable for highway conditions.

Mariia sued the State of California (CalTrans) for dangerous condition of public property.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that the roadway was dangerous because there was not a guardrail to protect a vehicle from traveling over the edge of the roadway and down the embankment. Plaintiff further contended that CalTrans failed to adequately warn of potential icy roadway conditions and failed to adequately inspect for any such conditions prior to the incident.

DEFENDANT'S CONTENTIONS: Defendant CalTrans contended that decedent Alexsandr was the sole cause of the accident by traveling at an unsafe speed for roadway conditions. CalTrans further contended that it was immune for decisions relating to the design of the roadway, including the decision not to have a guardrail at the incident location. CalTrans further contended that there had not been any accidents at the incident location which would have put it on notice the location was dangerous. CalTrans also contended that it had inspected the incident location and applied anti-icing agent two days before the incident, and it was not on notice of ice on the roadway between the time of the inspection and the occurrence of the incident. CalTrans contended that in any event, it was immune under the Government Code for conditions caused by the weather.

Settlement Discussions

The parties participated in mediation with Hon. Louis Meisinger.

Injuries

Plaintiff suffered minor orthopedic injuries that resolved, emotional distress and wrongful death damages.

Result

Plaintiff settled with defendant for $8 million.