City still in court over 2012 crash in crosswalk
Victims suing for $300 million aCORN dEC 8 16
Four years after an unlicensed driver struck a woman and three children crossing Thousand Oaks Boulevard, the city is still fighting in court over whether it is financially responsible.
A mandatory settlement conference in which both sides will try to reach an agreement is scheduled for Wed., Dec. 28 in the case of Griselda Castro and her companions, who are suing the City of Thousand Oaks for $300 million.
The lawsuit, which dates back to 2013, alleges that the city created a dangerous condition at the crosswalk near 24 Hour Fitness, where Castro, a 4-year-old girl and two 5-year-old girls were struck by a van the afternoon of May 22, 2012. Castro was walking with her two daughters, then 4 and 5, and their 5-year-old friend, who suffered the most serious injuries. Castro was also pushing a 2-year-old girl in a stroller, but the stroller and girl were not hit.
The vehicle was driven by Carlos Miguel Serrano Nino, an undocumented immigrant from Downey, who is also named in the suit.
In June 2014, a Ventura County judge granted a city motion for a summary judgment denying the suit, but that decision was reversed by a state court of appeal in August 2015, City Attorney Tracy Noonan said.
An attempt by the city to have the appellate court decision heard by the California Supreme Court was denied a short time later.
“They only take a very small percent of the cases that they receive,” Noonan said.
Since that decision, outside counsel hired by the city have been in and out of court. Asked to provide the amount of legal fees paid by the city thus far, Noonan did not respond before deadline.
The city attorney, although barred from speaking about details of the case while it is in litigation, said the city has always maintained that the crosswalk across T.O. Boulevard did not present a dangerous condition.
“All the cars stopped except for one driver because they saw the flashing lights,” Noonan said.
The city is also citing design immunity, which prevents a jury from second-guessing the same factors considered by the City Council at the time they approved the crosswalk’s design.
If the attorneys can’t reach a settlement, the matter will go to trial, something the city is prepared for, Noonan said.
Woodland Hills-based law firm Grassini, Wrinkle & Johnson is seeking more than $100 million each for Castro and her daughters, Yazmin and Diana Mariano. Also named as a claimant is Humberto Mariano, the father of the two girls, who was not involved in the accident. According to the claim filed by the firm, the crosswalk was placed at an “extremely wide street” and had a “dizzying display of pavement lights which tended to distract the attention and focus of drivers away from pedestrians crossing the street.”
The claim also alleges that the intersection lacked adequate traffic control and warning signs and a “protective center island or barrier which would create a zone of safety.” The missing safety features created a trap for pedestrians, giving them a false sense of security, the claim says.
Castro and her daughters suffered “major orthopedic, neurological and psychological injuries and damages” in excess of $500,000, and loss of earnings and earning capacity in excess of $1 million, according to the claim.
The settlement conference is set for 10:30 a.m. in Ventura County Superior Court, Courtroom 22. A jury trial is tentatively scheduled for Jan. 30.
No comments:
Post a Comment