California Verdicts

Plaintiff(s):

Jan Chandler,

Tyler Chandler,

Brittany Chandler,

Courtney Chandler,

Estate of Christopher Chandler (Male, 62 Years)

Plaintiff Attorney(s):

Mike Danko;
Danko Meredith;
Redwood City,
CA,
for
Jan Chandler, Tyler Chandler, Brittany Chandler, Courtney Chandler, Estate of Christopher Chandler ■ Claire Y. Choo;
Danko Meredith;
Redwood City,
CA,
for
Jan Chandler, Tyler Chandler, Brittany Chandler, Courtney Chandler, Estate of Christopher Chandler

Plaintiff Expert(s):

Michael Braun; P.E.; Accident Reconstruction; Livermore,
CA called by:
Mike Danko, Claire Y. Choo ■ William Kunzman; P.E.; Traffic; Orange,
CA called by:
Mike Danko, Claire Y. Choo

Defendant(s):

Matthew Simon,

State of California

Defense Attorney(s):

Ryan V. Jacobs;
State of California, Department of Transportation – Legal Division;
Oakland,
CA,
for
State of California ■ Helen Y. Cramer;
State of California, Department of Transportation – Legal Division;
Oakland,
CA,
for
State of California ■ None reported;

for
Matthew Simon

Defendant Expert(s):

Louis Cheng;
Accident Reconstruction;
Alameda,
CA called by:
Ryan V. Jacobs, Helen Y. Cramer

At 10:30 a.m. on Sept. 30, 2010, plaintiffs’ decedent Christopher Chandler, an unemployed 62 year old, was crossing El Camino Real (also known as State Route 82), eastbound, at the intersection with Isabella Avenue, in Atherton, when he was struck by a southbound vehicle operated by Matthew Simon, 69. Chandler sustained traumatic injuries and died at the scene. The police blamed Chandler for riding his bicycle into oncoming traffic without first ensuring it was safe to enter the intersection in violation of the California Vehicle Code, and investigated the accident as a possible suicide. The decedent’s wife, Jan Chandler, and his three adult daughters, Brittany Chandler, Tyler Chandler and Courtney Chandler, sued Simon and the maintainer of the intersection, the California Department of Transportation. The decedent’s family alleged that Simon was negligent in the operation of his vehicle and that the state of California, on behalf of the California Department of Transportation, was negligent in the maintenance of the intersection, creating a dangerous condition of public property. They further alleged that the defendants’ negligence caused the decedent’s wrongful death. Simon settled prior to trial and was let out of the case. The matter then proceeded to trial against the state only. However, the trial ended in a hung jury. As a result, the matter had to be re-tried. During the re-trial, plaintiffs’ counsel contended that, contrary to the police report, the decedent was in a marked crosswalk when he was struck and killed and that the decedent was walking his bicycle, not riding it. Counsel argued that the crosswalk was unsafe because a pedestrian’s view of oncoming traffic could be obscured by vehicles yielding to the pedestrian. Counsel further argued that the crosswalk was difficult for approaching drivers to see. Thus, plaintiffs’ counsel contended that the crosswalk was a trap for pedestrians. Plaintiffs’ counsel argued that the state knew that it was unsafe to mark crosswalks at busy, uncontrolled intersections, such as the one where the decedent was killed, yet it did so anyway. Counsel also argued that the state’s policy was to leave any particular crosswalk in place, despite the known dangers, until it learned of at least four deaths or injuries at that intersection. Defense counsel argued that the subject crosswalk was safe on the date of the crash, as it met all applicable engineering standards and guidelines. Defense counsel contended that there were no standards or guidelines in effect at the time of the collision that made it mandatory, or even advisory, for the state to either remove or put in safety enhancements in marked crosswalks at uncontrolled intersections, as argued by plaintiffs’ counsel. Defense counsel contended that the subject crosswalk had been operating safely for at least 10 years before the date of the accident, as it had not triggered the state’s traffic investigation process. Counsel also contended that there were no reported accidents in the subject crosswalks involving either pedestrians or bicyclists in that 10-year period. Furthermore, defense counsel contended that the state had not received any complaints from the general public, local governments, the California Highway Patrol, or local law enforcement agencies regarding the subject crosswalk. Defense counsel argued that the subject accident was not a multiple-threat collision, as argued by plaintiffs’ counsel, because there was no evidence presented at trial indicating any vehicle was either stopped to yield to the decedent in the crosswalk or turning onto Isabella Avenue, thereby obscuring the visibility of both the decedent and other southbound drivers approaching the intersection. Counsel also argued that there was no evidence presented at trial to indicate that the decedent was walking his bike in the crosswalk, the absence of which indicated that he was a bicyclist and should have been held to the standard of care applicable to a driver under the California Vehicle Code. Thus, defense counsel argued that the collision was caused by human error through the carelessness of the decedent and Simon.

Christopher Chandler sustained multiple traumatic injuries and ultimately died at the scene. He was 62 years old. He was survived by his wife, Jan Chandler, and his three adult daughters, Brittany Chandler, Tyler Chandler and Courtney Chandler. The decedent’s family sought recovery of non-economic wrongful death damages.

The jury apportioned 90 percent liability to Caltrans and the remaining 10 percent to the driver, Simon, who was driving 42 mph in a 35-mph zone. It also found that the decedent was blameless. The jury determined that the decedent’s family’s damages totaled $9.5 million, including $3.5 million to the decedent’s wife, Jan Chandler, and $2 million in damages to each of the decedent’s three adult daughters. Since Simon had previously settled, the decedent’s family would recover $8.55 million from the state of California, based on Caltrans’ percentage of fault.

Brittany Chandler: $2,000,000 Wrongful Death: wrongful-death damages; Courtney Chandler: $2,000,000 Wrongful Death: wrongful-death damages; Jan Chandler: $3,500,000 Wrongful Death: wrongful-death damages; Tyler Chandler: $2,000,000 Wrongful Death: wrongful-death damages

Actual Award:

$8,550,000

Judge:

Steven L. Dylina

Demand:

None reported

Offer:

$100,000 (C.C.P. § 998)

Trial Length:

2
weeks

Trial Deliberations:

2
days

Jury Vote:

12-0

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