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$________ Wrongful death - Failure of state to modify dangerous intersection - Head-on collision between vehicles at intersection caused death and serious injury.

Riverside County, California

This was a negligence matter in which the plaintiff alleged that the State of California was negligent in failing to modify a well-known dangerous intersection into a "T" or modified "T" intersection. For nearly 10 years prior to the subject collision the state was supposed to be modifying the intersection, although the actual work never commenced. The defendant maintained the collision was caused by driver negligence.

On July 1, ________ the plaintiffs were traveling in a vehicle that was approaching the intersection of Highway 79 and Highway ________ in Aguana, California. The intersection is controlled by a stop sign. The driver of the other vehicle failed to stop at the stop sign and collided into the plaintiffs’ vehicle in broad daylight. As a result of the collision, the plaintiffs’ mother was killed and the three plaintiffs sustained serious injuries. The plaintiffs claim that as far back as ________ Caltrans noted this intersection to be a dangerous intersection. A project was initially worked-up and approved (as of ________) to change the configuration of the intersection to a "T" or modified "T" intersection to form a 90 degree angle at Highway 79. The plaintiffs allege that at the time of this collision, work still had not commenced at the intersection. The plaintiffs brought suit alleging that the condition of the roadway at the intersection was dangerous and that modifications should have been instituted on a temporary basis, at the very least, to include box dots and a large flashing red light to alert traffic of an allegedly improperly placed stop sign. The plaintiffs claimed that a number of drivers had previously run the stop sign and there had been eight head-on collisions at that intersection in the past three years.

The defendant maintained that the intersection was not dangerous. The defendant contended that there had not been any prior similar collisions at the intersection and that the sole cause of the accident was the driver of the subject vehicle failing to stop for the stop sign.

The plaintiffs demanded $1.3 million in damages. After several mediations, the parties agreed to settle the matter for the sum of $________ subject to a minor’s compromise on behalf of one of the co-plaintiffs.

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