State of California Hit with $19 Million Verdict After Fatal Auto v. Pedestrian Accident

Dangerous Conditions of Public Property

Kelly Howard, et al. v. State of California, et al. (Santa Cruz Super Ct. No. 20CV00603): On February 22, 2023 a jury entered a verdict of $19 million in favor of plaintiffs Kelley Howard and Demetri Jaumouille, parents and successors in interest to decedent Josh Howard, how was struck and killed by a vehicle wall walking on a the shoulder of Highway 9 in Santa Cruz County. Plaintiffs argued that the shoulder decedent was walking in was sub-standard, and that the shoulder was significantly smaller than the original design standards that were implemented for this section of the highway. Plaintiffs further argued that Caltrans had been aware of this sub-standard condition for many years, and that previous community concerns expressed to Caltrans fell on deaf ears. Defendant argued that the road was not dangerous, citing to there having been no prior accidents along this stretch of the highway, and that design alternatives were not available due to traffic patterns and the proximity of residences in the area. Plaintiffs were represented by Scruggs, Spini & Fulton. Defendant was represented by in-house counsel for California Department of Transportation.