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Driver ran over woman lying in park, causing fatal injuries

Amount:

$15,130,000

Type:

Mediated Settlement

State:

California

Venue:

San Francisco County

Court:

Superior Court of San Francisco County, San Francisco

Injury Type(s):

head; other-death; other-loss of society; other-loss of consortium; other-loss of parental guidance

Case Type:

Wrongful Death; Government – Counties; Motor Vehicle – Pedestrian; Government – Municipalities; Motor Vehicle – Hit and Run, Single Vehicle

Case Name:

Vegar Svanemyr, Vegar Svanemyr as Guardian Ad Litem for Isa Svanemyr, a Minor v. City and County of San Francisco,
No. CPF-14-513919

Date:

October 10, 2014

Parties

Plaintiff(s):

Isa Svanemyr (Female, 11 Months), 

Vegar Svanemyr (Male, 32 Years), 

Estate of Christy Svanemyr (Female, 35 Years)

Plaintiff Attorney(s):

Jeffrey R. Smith;
Abramson Smith Waldsmith, LLP;
San Francisco,
CA,
for
Isa Svanemyr, Vegar Svanemyr, Estate of Christy Svanemyr ■ William B. Smith;
Abramson Smith Waldsmith, LLP;
San Francisco,
CA,
for
Isa Svanemyr, Vegar Svanemyr, Estate of Christy Svanemyr ■ R.J. Waldsmith;
Abramson Smith Waldsmith, LLP;
San Francisco,
CA,
for
Isa Svanemyr, Vegar Svanemyr, Estate of Christy Svanemyr

Defendant(s):

City and County of San Francisco

Defense Attorney(s):

Karen E. Kirby;
Office of the City Attorney;
San Francisco,
CA,
for
City and County of San Francisco ■ Cheryl S. Adams;
Office of the City Attorney;
San Francisco,
CA,
for
City and County of San Francisco

Facts:

On Sept. 5, 2013, at approximately 2:20 p.m., plaintiffs decedent Christy Svanemyr, 35, was with her dog and 11-month-old daughter, plaintiff Isa Svanemyr, at Holly Park in San Francisco. As they were lying on a blanket on the lawn, Thomas Burnoski, an employee of the city and county of San Francisco, drove a CCSF Recreation and Park Department pick-up truck off a paved path in the park to take a short cut to the exit and ran over Mrs. Svanemyr’s head and upper torso, causing fatal head injuries. The decedent’s widowed husband, Vegar Svanemyr, acting individually and as Isa’s guardian ad litem, sued the city and county of San Francisco. Mr. Svanemyr alleged that Burnoski was negligent in the operation of the pick-up truck and that the city and county was vicariously liable for Burnoski’s actions while he was in the course and scope of his employment. Thus, Mr. Svanemyr alleged that the city and county was liable for the decedent’s wrongful death. Plaintiffs’ counsel asserted that immediately after the accident, Burnoski fled the scene, while park patrons attempted to stop him, and drove to another nearby park, where he told his supervisor that he thought he hit a dog or child in Holly Park. Counsel also asserted that the police later attempted to stop Burnoski and his supervisor, after they had returned to Holly Park, because Burnoski again attempted to flee the scene. Plaintiffs’ counsel noted that a similar incident previously occurred in May 1987, in a different San Francisco park, when a Recreation and Park Department vehicle ran over and seriously injured a woman. Counsel argued that the RPD failed to clearly communicate a policy to its employees about the importance of park vehicles staying on paved paths and to use spotters, if it was necessary, to drive on the grass. Plaintiffs’ counsel further argued that the RPD also failed to establish a speed limit for vehicles driving in city parks. Burnoski claimed that he swerved off a paved path in the park to avoid hitting a dog, which caused him to accidentally run over the decedent. He alleged that after the accident, he drove to another nearby park, where he told his supervisor that he thought he hit a dog or child. He claimed that his supervisor then instructed him to return to the park, but that when he and his supervisor were on their way back to Holly Park, the police stopped them. In response, plaintiffs’ counsel disputed Burnoski’s claim of swerving off the paved path to avoid hitting a dog, and asserted that the GPS system in the RPD pick-up truck showed that Burnoski had driven off the path frequently that day and for some distance before the incident.

Injury:

Christy Svanemyr suffered devastating head injuries that ultimately led to her death later that day. She was 35 years old. She is survived by her husband and 11-month-old daughter, Isa. Isa, who was sitting next to her mother on the blanket at the time of the accident, did not sustain any physical injuries as a result of the incident. Vegar Svanemyr claimed he met the decedent in 2005, in Utah, where she was ordained as a Zen priest. He claimed they fell in love and were married on Aug. 1, 2009. Later, in 2012, they moved to San Francisco, where the decedent worked as a professional life coach for New Ventures West, and Isa was born on Oct. 12, 2012. Mr. Svanemyr claimed his wife had a very energetic and magnetic personality, was very kind-hearted and generous, and was a wonderful wife and mother. He also claimed that his daughter, Isa, will suffer a lifetime loss of her mother’s love, companionship, comfort, care, assistance, protection, affection, society, moral support, and guidance.

Result:

Prior to litigation, the parties reached a $15.15 million settlement, which was finalized via the guidance of mediator Michael Ornstil, of JAMS. Of the total settlement, 75 percent was apportioned to Mr. Svanemyr and 25 percent was apportioned to Isa. The settlement proceeds will be paid by the city in three installments over the next three years.

Trial Information:

Judge:

Michael G. Ornstil

Editor’s Comment:

This report is based on information that was provided by plaintiffs’ and defense counsel.