State of California Agrees to $3 Million Settlement to Resolve Fatal Accident That Occurred in Construction Zone

Dangerous Condition of Public Property

Doe Family v. State of California, et al. (San Bernadino Super Ct.): On Jan 11, 2023 the State of California agreed to the terms of a $3 million settlement to resolve a case involving a fatal accident that occurred in a construction zone. The underlying matter revolved around an accident that occurred on Sept 5, 2016 when a family driving on the eastbound 138 in San Bernadino was struck by another vehicle driven by Justin Chivas after it had drifted off the road, impacted a K-rail and then propelled into the family’s vehicle, killing the father occupant and seriously inuring his daughter. Plaintiffs sued the State of California and driver Justin Chivas for negligence. The matter ultimately resolved for $3 million after defendant’s attempt to dismiss the case via a motion for summary judgment was denied.