$625,000 awarded after 2005 fatal accident
A settlement has been reached in case of a fatal accident in 2005. Liliana Washington and Lydia Mendoza were passengers in a vehicle traveling southbound on Route 163 in Balboa
Park when they struck a tree that had fallen in the roadway during a recent storm. Ms.
Washington received cervical spine injuries, resulting in nine months of missed work. 19-year-old Lydia Mendoza died from head injuries. Caltrans had the fallen tree removed after the accident.
Ms. Washington and the mother of Ms. Mendoza, Marilyn Vasquez, believed that the State of California Department of Transportation (Caltrans) should have been aware of the potential danger the tree posed, as it had been leaning into the roadway for several years.
Caltrans argued that they were responsible for the upkeep of hundreds of thousands of trees throughout San Diego. They had checked the trees in Balboa Park repeatedly and there appeared to be no danger. They argued further that Ms. Washington and Ms. Mendoza were not wearing seat belts and the driver was speeding, and this was the cause of the injuries.
The case resulted in a mistrial after five days of deliberation. However, the majority of the jurors voted that Caltrans had enough notice of the dangerous tree to attend to it. The case was settled for $625,000.
If you reside in the San Diego area and have been seriously injured, contact the law firm of Estey & Bomberger.
