The Virginian-Pilot
©
CHESAPEAKE
The city has agreed to pay $4.3 million to settle a federal lawsuit filed on behalf of two North Carolina teens injured in a 2006 crash on Dominion Boulevard, city officials said Thursday.
On July 29, 2006, 16-year-old Corey Walters and 17-year-old Kimberly Kuffel were driving south on Dominion in a Ford Mustang when an SUV going the other way swerved off the road, damaged a tire and crashed into the Mustang, said the teens' Virginia Beach attorney, David Dickerson.
Dickerson said the SUV damaged its tire because of a six-inch drop-off at the edge of Dominion Boulevard. The city knew about it and did nothing to improve it, he said.
"This could have been avoided if they had done what they should have done," Dickerson said. "The evidence showed they were clearly at fault and they knew it."
City Attorney Ron Hallman said fixing Dominion Boulevard has been one of the city's highest priorities. It was one of the projects to be funded by the Hampton Roads Transportation Authority, which was struck down earlier this year by the Virginia Supreme Court.
"It's definitely an unsafe road," Hallman said. He said the settlement is one of the largest the "city has ever undertaken" since he joined city government in 1969.
Walters, who lived in South Mills, N.C., suffered multiple fractures in both femurs, a broken left arm and experienced memory problems after the crash, Dickerson said. Kuffel had brain damage and was in a coma for more than three weeks at Sentara Norfolk General Hospital, he said.
Walters was driving the Mustang, Dickerson said. Both teens had their seat belts on.
The driver of the SUV was Pear Gettys, who was also injured in the crash, Dickerson said. Gettys has said that a piece of debris fell from a truck in front of her, causing her to swerve off the road and into the drop-off, Dickerson said.
She then swerved back onto Dominion, side swiped a car, and crashed head-on into the Mustang, Dickerson said.
Dickerson said a consultant hired by his law firm called the drop-off an "egregious roadway defect with major adverse safety implications."
Hallman said the high number of heavy trucks that travel that two-lane stretch of Dominion Boulevard "makes maintenance of the shoulders very difficult on a continuous basis."
Hallman said he discussed the settlement with the City C ouncil during a closed session Tuesday. About $3.3 million of the settlement is insured, Hallman said. The city will pay the rest.
In recent years, city officials have said the Dominion Boulevard improvement and Steel Bridge replacement project could cost about $310 million.
Mike Saewitz, (757) 222-5207, mike.saewitz@pilotonline.com
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Honestly
"We are all at risk under those circumstances."
A responsible driver has no need for the road shoulder. I sincerely hope you all are careful when driving the two lane roads of NC. I am dumfounded that this type of abuse of litigation is continuing in our country. This is in fact the primary reason we are becoming less competetive than other countries. We are constrained by lawyers.
no matter whether its paid
no matter whether its paid by the Government or the insurance company, in the end we all wind up paying. the insurance company is just going to raise the city's premiums. The scary thing is the city admitting that people's lives are at stake, but they just aren't willing to pay the price for repair. We are all at risk under those circumstances. They should have awarded them 310 million dollars.
She said a piece fell. It
She said a piece fell. It didnt say it was found.
It's self insurance=citizens pay
"The Virginia Municipal Group Self Insurance Association (VMGSIA) is a tax-exempt, non-profit association of Virginia local political subdivisions that began July 1, 1980. VMGSIA provides workers' compensation and employers' liability coverages. VMGSIA has approximately 410 members with an annual premium of about $25 million.
The Virginia Municipal Liability Pool (VMLP) is a tax exempt, public entity pool of Virginia local political subdivisions that began July 1, 1986. VMLP provides general liability, automobile liability, auto physical damage, public officials' liability, law enforcement liability, property, boiler & machinery, fidelity and crime coverage. VMLP has approximately 340 members with an annual premium of about $35 million. "
Here's your bill. Every member in Virginia of this self insured group felt that one.
very surprised.....
I'm very surprised to hear that the city didn't do anything to fix that issue if they were informed of the issue. I called the city (Ches)once to report the really bad "speed bumps" on Military Hwy near Deep Creek/I64 area. I got several calls back from their highway dept informing me on the progress of repairs. They were repaired very quickly. So, thinking this was a fluke, I called again about a month later to inform on the rail crossing on Military between the Gilmerton and Shell Rd. Again, the follow up calls were made from the city on who was responsible for the crossing and when it would be addressed. Whats being reported here seems to me waaay out of character given my experience.
The whole story
That's why people should read the WHOLE story before they comment. That way it prevents a person from looking like a complete duffus. Beside, we all know that the Pilot hardly ever prints the WHOLE story. They just print what will sell.
I think that whether there
I think that whether there was an actually object on the road should be part of the story. What was it I learned in 9th grade? Who, What, Where, When and HOW.
Im not trying to play detective but to me for some reason, this omission has peaked my interest.
BobinGermany
I may be mistaken, but I believe the first version of this article did not mention why the SUV swerved off the road. At least I didn't see it.
Roadways are never perfect.
Sounds like driver inexperience. If you must swerve onto the shoulder, you have to come to a controlled stop, wait for traffic to clear, and ease slowly back onto the roadway. I've had to perform that maneuver a few times in my life, once even on a 600 pound motorcycle. Roadways are rarely perfect. Drop-offs, deer, potholes, debris...all part of the game.
The last thing you do, once you go off the shoulder, is frantically jerk the steering wheel at high speed, to get back on the roadway. The over-correcting can lead to a myriad of problems, such as was witnessed here.
These guys obviously had one helluva lawyer, and a bleeding heart jury. Otherwise, the verdict and judgement make no sense.
Why must we compensate people for their own mistakes? You have to use your brains and experience to avoid problems. Lacking either is a recipe for disaster.
How about the Trucking Company?
Perhaps the trucking company should be brought into this. I do agree that perhaps the city should not shoulder the entire liability for this. I have seen some of these hauling trucks and the way they drive with a load, it is amazing that there haven't been many more accidents. But the trucking company should be considered. In the chain of responsibility, the trucking company had a responsibility to ensuring the load was secure prior to entering a public hiway. The City had a responsibility to ensure the roads are safe for public transportation. The Driver of the SUV had a responsibility to control her vehicle. So, there is enough responsibility to go around. But I still don't fault the driver of the SUV for her reaction to empending danger.