Luvera Law Firm: Jury Finds State Responsible for Brain-Injury Accident

Lawsuit finds State at fault in severe motorcycle collision

    EVERETT, Wash., Nov. 30 /PRNewswire/ -- A Snohomish County jury ruled
 last week that the state is responsible for 23-year-old motorcyclist Jared
 Barton's permanent brain injuries resulting from an accident caused by the
 defective design of a section of State Route 536. The case's verdict issued
 from judge Anita Farris on Nov. 21 awards Barton $3.6 million.
 
     Barton was riding his motorcycle westbound on SR 536 on the evening of
 November 27, 2004 when he was struck by a vehicle turning left onto the
 highway to travel east.
 
     According to the testimony of the vehicle's driver, she looked in each
 direction after stopping at the stop line of the "T" intersection at SR 536
 and Moore's Garden Road. When she didn't see on-coming traffic, she began
 making her turn and pulled directly into Barton's lane causing the
 collision.
 
     Both the driver and Barton's attorneys argued that the driver was not
 able to see Barton's headlight because her view to the left from the stop
 line was blocked by two large trees. Additionally, the driver testified
 that she was unaware that her view was obstructed because it was dark and
 the trees were not visible at night.
 
     "This is an important verdict because it reminds the state of its
 responsibility to keep our roads safe," said Ralph Brindley of Luvera Law
 Firm, Barton's lead attorney. "This defective design was a problem the
 state knew about for years and it's unfortunate that because of the state's
 negligence, the price was so high for Jared."
 
     "My whole life changed that night," Barton said. "It's painful to
 remember my life before and to realize now that I'll never accomplish many
 of the goals I set for myself before the accident."
 
     During the trial, Brindley argued that the intersection did not meet
 sufficient sight distance standards because the position of the stop line
 on Moore's Garden Road was set too far back from the highway. Experts in
 the case agreed that drivers must have at least 627 feet of "unobscured
 vision" when looking to the east of the stop line, which was impossible for
 drivers due to the large trees.
 
     The two large trees that blocked the driver's view were planted after
 World War One to commemorate the War veterans. This is the reason that
 stretch of State Highway 536 is also known as Memorial Highway
 
     Brindley also pointed out that the state had changed the position of
 the stop line several times. The most recent change occurred one year prior
 to the accident, yet the state still failed to create adequate sight
 distance from where the line was placed.
 
     "There were two simple solutions that could have prevented this
 horrible accident. The state could have moved the stop line just eight feet
 closer to the highway or they could have removed the trees. Instead, they
 did nothing and now this young man's life will never be the same again,"
 said Brindley.
 
     About Luvera Law Firm
 
     Luvera Law Firm is a nationally recognized firm, with high standards of
 ethical conduct. The firm specializes in medical malpractice, brain injury,
 death and other major damage cases, and seeks justice for clients as well
 as positive changes in corporate and governmental behavior. Two members of
 the firm belong to the Inner Circle of Advocates, the nation's most
 exclusive plaintiff's trial lawyer's association, whose membership is
 limited to 100 of the best lawyers in the United States.
 
 
 

SOURCE Luvera Law Firm