ARTICLE ID 41000
$________ - MOLDED TO $________ PER SOVEREIGN IMMUNITY CAPS - DANGEROUS ROAD CONDITION - FAILURE TO INSTALL ADEQUATE TRAFFIC CONTROLS AT DANGEROUS INTERSECTION - LEFT TURN COLLISION - PERMANENT QUADRIPLEGIA TO 27-YEAR-OLD FEMALE.
Delaware County
The plaintiff was a 27-year-old female passenger in the rear of a
vehicle driven by the defendant Mahamadou Sima on January 28, ________. The Sima vehicle collided with another car driven by the defendant
Maria Papatsiaras at the intersection of Church Lane and Long Lane
in East Lansdowne. The plaintiff claimed the intersection was dangerous
and did not have adequate traffic control devices. In addition to
the drivers of the vehicles involved, PennDOT and the Borough of East
Lansdowne were also named as defendants in the case. PennDOT owns
Church Lane and Long Lane is owned by East Lansdowne. The defendant
East Lansdowne argued it had requested that PennDOT improve traffic
safety at the intersection for years prior to the plaintiffs accident.
The defendants also maintained the accident resulted from negligence
on the part of the codefendant drivers. The defendant driver Papatsiaras
settled the plaintiffs claims prior to trial. The manufacturer of
the host vehicle, Nissan Motor Corporation, was also named as a defendant
in the case based on allegations that the Sentra, in which the plaintiff
was riding, was defective in that it had rear lap seatbelts only with
no shoulder harnesses. Nissan settled prior to trial for an undisclosed
sum.
The plaintiff was planning her wedding for that summer and at 2:00
P.M. on the day of the accident was traveling north on Church Lane
en route to the house of her maid of honor in Upper Darby. They had
been shopping for a wedding veil that day. It was raining at the time
the host vehicle attempted to make a left turn into Long Lane from
Church Lane. The codefendant, Papatsiaras, was southbound on Church
and struck the side of the host vehicle as it made a left turn.
At the time of the accident, the intersection had a stop sign for
traffic on Church Lane turning left onto Long Lane. The defendant
East Lansdowne had also painted a "stop bar" on the street. However,
at the time of the accident, the stop bar was no longer visible. Since
the borough had painted the stop bar, despite the fact that Church
Lane is a state highway, the plaintiff argued it had a duty to maintain
it.
The plaintiff contended the intersection had been well known for years
before the date of the subject accident as a location where a large
quantity of accidents occurred, yet the defendants failed to take
appropriate corrective action. Evidence showed a ________ consulting engineer
report recommended that the defendant borough obtain county authorization
for a traffic study at the location due to hazardous conditions there.
The plaintiff claimed the borough failed to follow up on the recommendation.
In ________ the defendant PennDOT, requested that the defendant borough
notify it on a periodic basis of the effectiveness of the mandatory
stopping movement for left-turning vehicles from Church Lane to Long
Lane. The plaintiff claimed that the borough never responded to that
request.
In April, ________, the defendant borough made a formal request to PennDOT
for a traffic study at the intersection. In April of ________, PennDOT
conducted a study for a multi-way STOP sign at the intersection, but
concluded that a multi-way STOP sign was not appropriate, even though
it had been requested by the borough police chief in March ________ due
to numerous accidents at the location.
In November ________, the defendant borough sent another request to PennDOT,
now asking for a study to be performed with respect to the installation
and operation of traffic signals at the subject intersection. The
plaintiffs accident occurred on January 28, ________, before the traffic
signals were installed.
The plaintiff sustained a spinal cord injury in the accident resulting
in permanent quadriplegia. After extensive rehabilitation she has
regained movement in her head, neck and arms and can stand with assistance.
The plaintiffs medical experts testified the plaintiff will require
continued nursing care for the remainder of her life and has a normal
life expectancy.
At the time of the accident, the plaintiff was working as a hostess
at a hotel. She testified she had planned to return to college. At
trial, she was attending community college part-time, majoring in
psychology. The plaintiffs economist estimated the plaintiffs total
economic damages to be, on average, approximately $14 million.
The defendant host driver did not appear at trial. The plaintiffs
maid of honor, who was a front seat passenger, testified the host
vehicle stopped prior to making a left turn and looked for oncoming
traffic, but the view around the curve was obstructed.
The defendant PennDOT maintained there was adequate line of sight
at the location and the intersection was not dangerous. The defendants
argued that, if the defendant host driver (Sima) could not see, he
had a responsibility to position his vehicle so that he could see
before pulling into the intersection.
After a seven-day trial the jury found PennDOT 50% negligent; the
Borough of East Lansdowne 3% negligent; the defendant host driver
32% negligent and the driver of the other vehicle (Papatsiaras) 15%
negligent. The plaintiff was awarded $________ in damages, which
was reduced to a net verdict of $________ per Pennsylvanias governmental
immunity statutes. The defendant PennDOTs damages are capped at $________
and the boroughs at $________. Posttrial motions are pending.
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