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Jury sides with Caltrans in Highway 12 crash case

By Layla Bohm
News-Sentinel Staff Writer
Thursday, November 13, 2008 4:22 PM PST

A San Joaquin County jury ruled today that the California Department of Transportation was not responsible for a Highway 12 crash that left a college student with permanent medical problems.

The verdict means that Alicia Schmid, 21, will not get any money from the state to help pay for a number of broken bones and other injuries from the August. 2006 head-on crash.

Schmid's attorney had alleged that Caltrans knew since 1996 that the two-lane road needed more safety to prevent collisions caused by drivers who veer over the center line.

Nobody disputed that the other driver, Marisela Aguiniga, caused the crash by falling asleep at the wheel and drifting into Schmid's lane near Tower Park.

The lawsuit, in which Aguiniga was also named, sought more than $5.5 million for continuing medical care, which will include hip replacements for Schmid, who still walks with a cane. Her attorney had also asked for $6 million to $12 million in punitive damages.

Her mother said this afternoon that Schmid will be OK, and that they accomplished their main purpose — to bring more attention to Highway 12.

For more on this story, see Friday's News-Sentinel.

Contact reporter Layla Bohm at layla@lodinews.com.

Reader Feedback

Robb wrote on Nov 17, 2008 4:31 PM:

" czmtnw:

Yea.., ok... "

deblaw wrote on Nov 14, 2008 7:33 AM:

" czmtnw wrote on Nov 13, 2008 5:40 PM:

So your theory is, that CalTrans should pay your 12M because the driver of the other vehicle was an illegal?

Why?? "

Lodian wrote on Nov 14, 2008 1:11 AM:

" Frankly, I wish Ms. Schmid had won this case. Not just because she deserves to be cared for, but because money talks and someone somewhere needs to be shaken up about highway 12 as nothing is changing on "blood alley". Maybe the more lawsuits that come in the more attention this will get. It's insane that we are still dealing with, and talking about, highway 12 all these (MANY!) years! "

Lodian wrote on Nov 14, 2008 12:57 AM:

" Improve the damned highway already. "

educator wrote on Nov 13, 2008 9:10 PM:

" I sure have to agree with Scrutiny at 4:38 "

Cogito wrote on Nov 13, 2008 8:38 PM:

" czmtnw, the fact the woman was "illegal, unlicensed, and uninsured" really had no merit in the case. That's why it was not allowed as evidence. Would the accident have been different if those 3 things were the opposite? The only difference is that the drivers insurance company would have been sued instead of the government. Her Lawyer was only going after the deep pocket. It's time for your friend to get on with her life. Sometimes bad things happen to good people. Life isn't always fair. "

T & C wrote on Nov 13, 2008 8:00 PM:

" If "WHAT" you say is true czmtnw, about the reckless driver being an "Illegal" and not even being deported, that is sad! Now that President Obama is at the wheel, look for Total Amnesty for illegals within 1 year of being in office, with his Aunt being at the head of the line! "

T & C wrote on Nov 13, 2008 7:57 PM:

" I can only imagine what this young girl must go thru for the rest of her life! A drunk driver in 1974 took so much from me driving the wrong way on I-5 just north of Woodland! He was under 21, no license, no insurance, no job, car totaled and he died! At that time I was only 20, fighting for my life. I never even asked if he had insurance. I was told years later he didn't. So many lifes are lost or destroyed by people who shouldn't be behind the wheel, LEGAL OR ILLEGAL! "

LodiEye wrote on Nov 13, 2008 7:27 PM:

" Oppps drive 55 "

LodiEye wrote on Nov 13, 2008 7:26 PM:

" The fix on this section of road will be an expensive one. The ground is not stable there with the two foot water table. I feel bad for the girl who was injured. Everyone who drives out there, and I used to do it alot, takes their lives in their own hands. Grive 55 and don't pass.

What the road needs is a concrete barrier, like on 120 and 17. There also needs to be a truck scale on there just west of I5. Lets stop the overweight trucks which wrecks the roadbed even more. Would be a good source of income for the county. "

czmtnw wrote on Nov 13, 2008 5:40 PM:

" THE LAST THING, ONCE AGAIN, YOU HAVE NO IDEA WHAT THE JURY THOUGHT. THE ENTIRE JURY FOUND IN HER FAVOR. WHEN THEY ALL AGREED THAT SHE SHOULD WIN THEY HAD TO ANSWER A SHEET OF QUESTIONS. THEY ANSWERED YES TO ALL AND HAD TO LEAVE ONE BLANK. THAT IT WHY SHE DID NOT WIN.
IF THE JURY WERE TO HAVE BEEN TOLD THAT THE DUMB BI**H WAS ILLEGAL AND UNLICENSED AND UNINSURED THEN THE CASE WOULD HAVE BEEN OPEN AND SHUT.
SO IT'S THE OTHER WAY AROUND.
I SEE SOMETHING THAT THE JURY DID NOT.
CASE CLOSED.
AND IT'S AMAZING HOW YOU NEGLECT TO ANSWER OR RESPOND TO ANYTHING I'VE BEEN SAYING. MAYBE YOU AND CAL-TRANS HAVE SOMETHING IN COMMON!
GO CONTINUE TO PAY YOUR TAX DOLLARS TO THE ILLEGAL MEXICANS WHO GET EVERYTHING HANDED TO THEM. GIVE THEM TO THE BITCH THAT RUINED ALICIA'S LIFE. AT 18. "

czmtnw wrote on Nov 13, 2008 5:34 PM:

" okay, I APOLOGIZE, I WAS WRONG. They're foolishly wasting it on frivolous programs.
and the truth finally comes out of you as well. So you are okay with your tax dollars going in her favor, as long as it's a "reasonable" amount in your eyes?
OKAY, WHAT DO YOU CONSIDER A "REASONABLE" AMOUNT? do you even have any idea what she is going to have to pay for her medical expenses for the rest of her life? Or the medical expenses she's already incurred that has put her into debt? YOU DON'T. YOU DO NOT HAVE ANY IDEA WHAT IT IS LIKE FOR HER.
SHE IS ONLY 20 YEARS OLD. DO YOU UNDERSTAND WHAT SHE HAS TO GO THROUGH FOR THE NEXT 60 YEARS?(AT LEAST) "

Scrutiny wrote on Nov 13, 2008 5:26 PM:

" Well the last thing I`m going to say is that the jury must have saw something that you didn`t. They were not blinded by emotion. "

Scrutiny wrote on Nov 13, 2008 5:24 PM:

" They`re "sitting" on the money? I guess you have not read the paper lately... California has a projected 25-28 billion dollar budget deficit for the foreseeable future. But hey, what`s another $12,000,000? "

czmtnw wrote on Nov 13, 2008 5:20 PM:

" Do you go to other sites and protest about where your tax dollars are being spent? DO YOU VOTE? DO YOU SUPPORT PEOPLE WHO LIVE ON WELFARE AND SOCIAL SECURITY? DO YOU SUPPORT THE PUBLIC SCHOOL SYSTEM? DO YOU SUPPORT ANYTHING THE GOVERNMENT HANDS OUT? THE GOVERNMENT IS HERE FOR TWO PURPOSES. THAT IS, TO ENFORCE LAW AND ORDER AND DOMESTIC AND FOREIGN EVENTS.... SO IF YOU DON'T LIKE WHERE YOUR TAX DOLLARS ARE GOING WHY DON'T YOU GO PROTEST SOMETHING BIGGER THAT'S WORTH YOUR TIME AND A WASTE OF YOUR MONEY INSTEAD OF STICKING YOUR NOSE INTO SOMEONES PERSONAL LIFE SAYING SHE DOESN'T DESERVE TO BE COMPENSATED FOR HER INJURIES.... IT IS THE STATES FAULT.. PLAIN AND SIMPLE... THE STATE SHOULD PAY FOR IT "

Scrutiny wrote on Nov 13, 2008 5:20 PM:

" And yes I am happy that the state will not have to pay $12,000,000 to this young lady. If she would have asked for a reasonable amount, I might have a different opinion. It sounds to me like she is trying to profit from this tragedy. "

glad2beout wrote on Nov 13, 2008 5:18 PM:

" Damn Mexicans anyway...how come the illegal alien b**** that caused this wasn't arrested & thrown in the slammer? I hope the Vigilantes find out who she is, hunt her down & run over her until she's dead! "

czmtnw wrote on Nov 13, 2008 5:15 PM:

" so you can go on and continue to believe that what you think is "right" but just know the inside of peoples situations before you decide to make ignorant statements that you have no facts to back yourself on. "

Scrutiny wrote on Nov 13, 2008 5:13 PM:

" czm, so the truth comes out.. you`re best friends with the gal. Look, I`m sorry for you and the gal, but don`t make ME pay for the settlement. Bad things happen to good people every day. There are NO guarantees in life. We all play the cards that life deals us. "

czmtnw wrote on Nov 13, 2008 5:12 PM:

" AS FOR MY BEST FRIEND, SHE CAN NOT GO ON LIVING A NORMAL LIFE. SHE CAN NOT GO ON WALKING NORMALLY. SHE CAN NOT GO TO THE BEACH AND GO SWIMMING LIKE SHE LOVED DOING. SHE CAN BARELY LIFT HER LEG TO GET OVER MY SON'S BABY GATE. SHE HAS TO HAVE HIP REPLACEMENTS THE REST OF HER LIFE. SHE HAS A SHATTERED PELVIS, WHICH WILL AFFECT HER ABILITY TO BE ABLE TO DELIVER A VAGINAL, NORMAL BIRTH. SHE HAS TO LIVE WITH SCREWS AND METAL PIECES IN HER BODY FOR THE REST OF HER LIFE. SHE HAS TO HAVE COUNTLESS SURGERIES THAT COST THOUSANDS OF DOLLARS, BY THE WAY SHE'S ALREADY 400 THOUSAND DOLLARS IN DEBT. IF THE STATE IS NOT RESPONSIBLE FOR FIXING THE ROADS AND THEIR NOT RESPONSIBLE FOR KEEPING ILLEGAL MEXICANS OUT OF OUR COUNTRY AND OFF OUR ROADS THEN I GUESS THIS IS WHERE WE'RE LEFT. THIS IS WHAT HAPPENS.
because of ignorant f***s like you and the people who agree with you, my best friends life is ruined AND THERE IS NOTHING SHE CAN DO ABOUT IT. "

czmtnw wrote on Nov 13, 2008 5:06 PM:

" I know the girl that got hit. Alicia is my best friend. Her boyfriend, that was in the car with her, whose grandparents they were going to see, is my cousin and those are my grandparents too.
it's IRONIC how before the trial even began the judge ruled in favor of the state and denied ANYONE the right to use the term "blood alley" as highway 12 is most popularly known as, and they were not allowed to bring up the fact that the lady was illegal, uninsured and unlicensed because they said that it had nothing to do with the accident.......
NOTHING HAPPENED TO HER. SHE DID NOT GET ARRESTED. SHE DID NOT GET A TICKET. SHE DID NOT GO TO JAIL. SHE DID NOT GET DEPORTED. AND NOW THAT THIS CASE IS OVER SHE CAN GO BACK TO LIVING HER OWN NORMAL LIFE. "

dogs4you wrote on Nov 13, 2008 5:04 PM:

" jr as far as jury decisions are concerned, the jury in the OJ case had their minds made up before the case went to trial, just look at the make-up of the jury and you will know why. That terrible road as you call it might not ever be fixed, if you move out of area, I hope you find a safe road, if there are any. "

czmtnw wrote on Nov 13, 2008 5:04 PM:

" Scrutiny- are you happy? YOUR SIDE WON! Now instead of awarding Alicia the money she is entitled to they will just continue to collect your tax dollars and SIT ON THEM. You're arguing on the side of cal-trans about tax dollars? are you kidding me? OBVIOUSLY CAL-TRANS ISN'T USING YOUR TAX DOLLARS OR THE ACCIDENT WOULD HAVE BEEN PREVENTED. I posted on the other article the same thing im going to say here... "

jramagic wrote on Nov 13, 2008 4:58 PM:

" BTW- I live near Rio Vista and just spent over $150,000 on home improvement materials, etc. Not a dime was spent in Lodi or Stockton because of my fear of SR12. I spent all that money elsewhere so I could avoid taking "Blood Alley". And that will continue until that terrible road is fixed...or I move out of the area
to where the roads are safer. "

jramagic wrote on Nov 13, 2008 4:46 PM:

" Scrutiny-
The state has been negligent for well over a decade in not correcting a well-known dangerous highway with proven fixes that would ELIMINATE the 100 or so deaths that have, in fact, occurred during that period. That's simple negligence, in my book. A judgement would have sent a message...like the Pinto gas tank, cigarettes, asbestos, etc. In all those cases, a negative judgment caused an immediate reaction to correct or greatly improve the dangerous situation. "

jramagic wrote on Nov 13, 2008 4:40 PM:

" Oh, and by the way- I live near Rio Vista and I spent $150,000+ on home improvements during the last 2 years with NOT A DIME spent in LODI or Stockton. Why? Blood Alley! No way I'd drive that bumpy, skinny, shoulderless, undivided 1920s-era strip of pavement full of speeding semis and adrenaline-junkie drivers passing one another only to end up next to me at the next stop light. Nope- I bought my supplies in other areas and wil;l continue to do so. Sorry, Lodi C of C! "

Scrutiny wrote on Nov 13, 2008 4:38 PM:

" jr, how will giving Ms. Schmid $12,000,000 make anybody safer anywhere? If you ask me , taking that amount away from Caltrans will mean LESS money left for improved roads. "

jramagic wrote on Nov 13, 2008 4:28 PM:

" Well, that's too bad. The SR12 carnage will continue...statistically 6-10 deaths per year. Maybe one of the juror's lives or loved ones will be so affected. Jury decisions are often perplexing- witness the OJ Simpson trial, the Phil Spector trail and so many, many others...go figure. "

Comments on this story are now closed.



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