San Bernardino Superior Judge Gilbert Ochoa denied Yucca Valley’s motion for summary judgment in a wrongful death case following Chad Smithling’s death.
Smithling died on the Twentynine Palms Highway in Yucca Valley March 24, 2018, after the driver of a Hyundai Santa Fe unsafely attempted to cross lanes and struck Smithling’s motorcycle, according to the complaint filed by Rebecca Smithling, Chad Smithling’s wife.
The complaint names Caltrans, Yucca Valley and the driver of the Hyundai, Tausif Billah, as defendants.
The Jan. 8, 2019, complaint claims Yucca Valley and Caltrans left the Twentynine Palms Highway in an unsafe condition. Among its 19 descriptions of unsafeness, the complaint claims the highway was improperly designed, lacked a reasonable line of sight to see oncoming traffic, lacked warning signs to inform drivers of the lack of a reasonable line of fight, and should have had a physical barrier between the eastbound and westbound lanes.
Yucca Valley had control over the highway because the incident occurred within the town’s limits, the highway was in the town’s street system, the town participated in street improvement plans to the highway and the town contributed to the highway’s design when changes were made to the road for a commercial development, the complaint claimed.
The complaint also brings a negligence cause of action against Billah.
Motion for summary judgment
Yucca Valley brought a motion for summary judgment Dec. 15, claiming immunity from liability because the town does not own, control or maintain the highway.
Ochoa found Yucca Valley’s motion must be denied, because it did not discuss whether they had control over the highway at the time of Smithling’s accident, and only discussed whether they currently have control.
Precedent from the 2015 case Goddard vs. Department of Fish and Wildlife established that governmental tort liability may be imposed for a dangerous condition only if the public entity owns or controls the public property at the time of the injury, Ochoa’s ruling said.
Even if the town met its initial burden, there is a triable issue of fact, because Yucca Valley approved the lack of a raised median and made requests to the state for restriping the highway, Ochoa’s ruling said.
Spencer Lucas and Marguerite Sanvictores of Los Angeles’ Panish, Shea, Boyle, Ravipudi LLP represent Rebecca Smithling.
Kelly Fortin and Jennifer Miller of Newport Beach’s Fortin Law Group represent Yucca Valley.
Michael Acain of Los Angeles’ McKay deLorimier & Acain represents Tausif Billah.
Mark Berkebile of the Department of Transportation represents the state of California and Caltrans.
Read the complaint here.
Read the ruling here.
Case number CIVDS1900606
