Truck strikes car: Unsafe road shoulder drop-off: Wrongful death: Verdict

Law Reporter, Nov 2004

Sheehan v. Superior Supplies, Inc., Cal., Sonoma County Super. Ct., No. SCV2266727, Mar. 10, 2004.

Sheehan, 19, was driving a car on a highway when a cement mixer truck traveling in the opposite direction veered onto the shoulder, which was allegedly 12 to 18 inches lower than the roadway. When the truck returned to the roadway, it overcorrected and crossed the centerline, rolling over onto Shcehan's vehicle. Sheehan suffered fetal injuries. She had been a student and is survived by her parents and one minor sibling.

Sheehan's parents sued the state, alleging the drop between the road and the shoulder was too large and thus constituted a dangerous condition. Suit against the company that owned and operated the truck alleged it was liable for the driver's negligent operation of the truck.

The state argued the incident was caused by driver error and the highway patrol investigation had revealed no problem with the roadway. The state had repaved the roadway 10 days after the incident, but a third party's photographs showed the previous existence of the shoulder drop-off.

A jury found the state 80 percent liable and the owner/operator 20 percent at fault. It awarded approximately $2.01 million. The state will pay approximately $1.61 million, and the owner/operator will pay about $402,400.

Plaintiffs' experts were Robert Crommelin, traffic engineering, Palm Springs, Cal.; and Thomas Shelton, accident reconstruction, Sacramento, Cal.

Defendants' experts were Kenneth Berner, highway safety, Livermore, Cal.; clay Campbell, accident reconstruction, Livermore, Cal.; Thomas Schultz, highway safety, Morgan Hill, Cal.; and David Yoshida, accident reconstruction, San Jose, Cal.

Plaintiffs' Counsel

* David B. Baum, San Francisco, Cal.