Facts

In the early morning hours of Jan. 11, 2005, plaintiff Liliana Washington and decedent Lydia Mendoza, the daughter of plaintiff Marilyn Vasquez, were riding in the back seat of a Honda Civic when it struck a cypress tree after it fell during a major rain storm. The accident occurred on southbound State Route 163 in Balboa Park, San Diego. As a result, Washington suffered cervical neck injuries and Mendoza sustained fatal head injuries. Caltrans removed the tree and its root system from the roadway shortly after the accident.

The case was tried before a jury in San Diego Superior Court from mid-January to early March 2008. After five days of deliberation, the case ended in a mistrial. The jury found 10-2 that the property in question was in a dangerous condition at the time of the accident, and also found 11-1 that the dangerous condition created a reasonably foreseeable risk that this kind of incident would occur. However, the jury voted seven for plaintiffs, five for defendant as to whether the State of California Dept. of Transportation (Caltrans) had enough notice of the dangerous condition for the State to have protected against it.

PLAINTIFF'S CONTENTIONS:
The plaintiffs contended that the tree was a dangerous condition and that the State of California had constructive notice of the condition due to the fact that the tree had been leaning toward the roadway for years. The lean had increased seven degrees over 14 years according to a photogrammetry expert who analyzed Caltrans photographs. The plaintiffs argued that the progressive lean meant that the tree's anchoring system was losing its grip in the wet soil. The plaintiffs claimed that Caltrans should have been aware that the lean of the tree posed a danger and that the tree was prone to falling in a heavy rainstorm.

The plaintiffs also contended that when their vehicle struck the tree, the nose of the vehicle dove under the trunk of the cypress tree, which then rolled up over the roof of the car. However, neither the plaintiffs, CHP officers, or paramedics ever saw the roof of the vehicle underneath the tree. They only saw the hood of the vehicle below the trunk. It was plaintiffs' position that even if Washington and Mendoza had been seat belted, Washington still would have suffered neck injuries and Mendoza still would have suffered life-ending injuries.

DEFENDANT'S CONTENTIONS:
The defense contended that Caltrans was responsible for thousands of trees throughout Balboa Park and was also responsible for hundreds of thousands of trees throughout the greater San Diego area.

Caltrans denied that it had constructive notice and showed through its inspection system that the tree crew's supervisor had repeatedly checked the trees along the Balboa Park corridor, including the subject tree, and there was no dangerous condition apparent or one that should have been known.

The defendant also contended that it was the failure to wear seat belts that caused Washington's injuries and Mendoza's death, and pointed to the fact that the front seat passenger was wearing a seat belt and did not sustain any head or neck injuries. The defendant also claimed that plaintiffs were traveling at 65 mph on the 55 mph freeway during a heavy rainstorm where appropriate, reasonable and safe speeds were in the 40 mph range.

Settlement Discussions

Initial demand: $11,000,000; Request at trial: $4,000,000

Injuries

Washington suffered cervical spine injuries, including fractures at C2 and C5 with laminectomy and discectomy. She is a sales woman for Macy's and earned approximately $9 an hour. Washington missed approximately nine months of work during hospitalization and recuperation from surgery. Decedent Mendoza was 19 years old and had lived at home for just a year and a half after returning from schooling in Mexico for a three-year period. Mendoza left no financial dependents.

Result

The case settled for $625,000 at a post-trial mediation before Craig Higgs.

Other Information

The case was tried before a jury, which was unable to reach a verdict. The case hung 7-5 for plaintiffs on the issue of constructive notice.