Jury rules no money from state

A San Joaquin County jury ruled Thursday 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 Aug. 13, 2006, head-on crash.

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

Though the verdict was a disappointment, Schmid's mother said the University of the Pacific student will be OK and is happy it put another spotlight on Highway 12.

"Hopefully it brought attention to Caltrans about ultimate fixes," her mother, Georgia Steiger, said. "Unfortunately, it came out in court that nothing is planned for the Highway 12 median until 2014."

A Caltrans spokeswoman did not have any information on plans for changes to the center lane of Highway 12. Several projects are in the works, including a traffic signal to be installed next summer at DeVries Road and accelerating/decelerating lanes at Correia and Guard roads in the 2010-11 fiscal year, spokeswoman Zelie Nogueira said.

During several weeks of testimony, jurors heard that Caltrans has monitored the road since 1996 and discussed ways to increase safety. Schmid's Fresno attorney, Rick Watters, argued that "rumble strips," or deep grooves in the pavement that make a loud noise when driven over, would have prevented the crash.

Plans for Highway 12

Traffic signal at DeVries Road, to be installed next summer. The state installed one last summer at Davis Road.

Accelerating and decelerating lanes for vehicles entering and exiting the highway at Correia and Guard roads, to be installed in the 2010-11 fiscal year.

Structural repair work on the roadbed beneath the surface. That project, which is in the early stages of development, should be done in the 2011-12 fiscal year.

Widen shoulders and fix the roadway on Boulden Island from the Mokelumne Bridge to Potato Slough, to be done in fiscal year 2012-13.

Work on several bridges.
Source: California Department of Transportation spokeswoman Zelie Nogueira

Caltrans attorney Lauren Machado, in turn, argued that the state had installed reflectors and black bumps, both of which made noise when driven over.

Neither side 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.

After hearing instructions Thursday morning, jurors began deliberating and were to answer a series of questions on a verdict form. The first question read, "Was the location of the subject incident in a dangerous condition on August 13, 2006?"

The jurors answered "no," meaning that they were not to answer any other questions, such as whether Caltrans had a small percentage of liability in the crash.

The jury forewoman, a Stockton psychologist, declined to comment when reached by telephone Thursday.

But Schmid's mother said two jurors spoke to the family after the verdict, saying their answers to the other questions would have gone in Schmid's favor. However, they couldn't get past part of the instructions regarding whether Caltrans had exercised "reasonable care" when they were answering the first question, Steiger said.

Schmid's attorney was not back in his office yet Thursday and was unavailable for comment.

Schmid, a business major, graduated from Linden High School and was working as a waitress at Clements Feed and Fuel at the time of the crash. That night, she and her boyfriend had visited his grandmother in Tower Park and were on their way home when the other car drifted into their lane.

Schmid spent more than a month at Stanford Medical Center, where she was treated for shattered pelvis, wrist and foot, as well as losing a spleen and other injuries.

She has since returned to Pacific after a year-long absence due to her recovery.

"Obviously there's going to be health issues for the rest of her life. But she'll deal with them," her mother said. "She'll keep positive and everything thing will work out."

Contact reporter Layla Bohm at layla@lodinews.com.

Reader Feedback

czmtnw wrote on Nov 14, 2008 9:36 PM:

" THEREFORE THE CONCRETE MEDIAN BARRIER WOULD HAVE PREVENTED NOT ONLY ALICIA'S ACCIDENT, BUT MANY OTHERS AS WELL. INCLUDING THE ONE TONIGHT!
YOU KNOW, THE ONE THAT HAPPENED THE DAY AFTER THE JURY STATED THAT IT IS "NOT A DANGEROUS HIGHWAY WHEN USED IN "REASONABLE CARE."
research reasonable care if you'd like. "

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czmtnw wrote on Nov 14, 2008 9:33 PM:

" Oh Mrs. S---->
Thank you for bringing pu the new accident.
Once again, HOW IRONIC!
FYI: that accident was the exact same area that Alicia got into her HEAD-ON collision.
Audi 5000 wrote on Nov 14, 2008 1:15 PM:
" History has shown that a concrete median barrier actually increases accidents, but of course minimizes accidents of the head-on variety. Pick your poison."
If you would have done your research on HIGHWAY 12 before you posted this ignorant comment, you would have found out that it is a proven fact that HEAD-ON COLLISIONS ARE THE MAIN TYPE OF ACCIDENT THAT OCCURS ON HIGHWAY 12. "

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czmtnw wrote on Nov 14, 2008 9:28 PM:

" Finally we have some sensible people that are commenting on this case.
dogs---> I responded to your post on the other article..."The other driver was Illegal, uninsured and unlicensed.... so how exactly was she suppose to turn anything into her insurance? And also, if you didn't read the other comments. NOTHING HAPPENED TO HER. NO TICKET, NO ARREST, NO JAIL TIME, DIDN'T GET DEPORTED.
Also, how ironic is it that at the time of the accident she was unemployed as well. Now she is ILLEGALLY EMPLOYED working for an insurance company.
I guess she just gets to get away with EVERYTHING. "

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dragonfaire wrote on Nov 14, 2008 8:33 PM:

" How in heavens name could any jury find Highway 12 safe? This state has misused transportation funds for everything but building and maintaining safe roads, while people die daily. Some of the blame of course lies with drivers who drive like they are in a video game, immune to accidents, and those intoxicated or not paying attention. But when builders are allowed to add subdivisions like the one west of Rio Vista, with no left turn lane or stop lights, and warnings about raised bridges are too close to the bridges, there should be liability. "

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antihwy12 wrote on Nov 14, 2008 7:24 PM:

" It really doesn't make sense. This road has so many accidents. I've seen comments saying it's the drivers. This doesn't make sense!! Is there some sort of magnet between highway 12 and bad drivers. There are bad drivers on every roadway but not such a high accident rate!! This road is not designed for the amount of traffic it receives and need to have it's safety upgraded! As we have seen with all the accidents!! "

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Mrs. S. wrote on Nov 14, 2008 6:51 PM:

" Just this evening, there was another bad accident on this road just east of Tower Park. At least one of the involved people had to be taken away by air ambulance. Cement dividers are a good idea. It's hard to prevent idiots from crossing into the opposing lane, but something should be done. "

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Audi 5000 wrote on Nov 14, 2008 1:15 PM:

" History has shown that a concrete median barrier actually increases accidents, but of course minimizes accidents of the head-on variety. Pick your poison.

We can all "thank" the empowered radical environmental activists that make it nearly impossible to widen any road in the delta area. So while human lives are being lost, microscopic organisms and assumed flora and fauna that may or may not be present anywhere remotely near the job limits, are being spared, but at what cost? Some sick individuals with this twisted agenda actually gloat over this fact.

The mitigation (read bribe money) required to complete a widening project is so great that there are never any resources left in a budget to actually design and built a project. Therefore sensible projects never get off the drawing board. This is the primary reason highway 12 has not been 4-laned; legal environmental payoffs, and/or extreme pressure to do nothing. "

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dogs4you wrote on Nov 14, 2008 1:13 PM:

" marzo2008. Sounds like your an engineer and you can tell me just whats so bad about Hwy. 12, other than people that drive to fast, follow to close, cross over the double yellow line, fall asleep at the wheel, are drunk or on drugs. Lets see, did I leave anything out? A chain is as strong as its weak`est link, the road is as good or bad as the morans that drive it. And let me remind you, the state has no money to cut back on. A suggestion, do the speed limit, and don`t follow to close, forget the cell phone or CD changing and don`t let anything distract your diving. Do the best you can with what you got, got it? "

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PAL wrote on Nov 14, 2008 12:42 PM:

" I agree with the verdict. As I stated before it is the drivers that cause the accidents not the Highway.
I also agree with dogs4you. I am sure this young lady went into the lawyers office probably wanting to sue the other driver and he talked her into suing the state, you will get millions and so will the lawyer. "

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MARZO2008 wrote on Nov 14, 2008 11:57 AM:

" caltrans should pay for every accident that happens on highway 12 until they fix it... We all know that it's not safe and many more will die because caltrans will not fix road use my many. There are many trucks on that road and cars. No room for anything. The state is just trying to cut back, making us the victims. I try hard to avoid using highway 12. "

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dogs4you wrote on Nov 14, 2008 11:26 AM:

" That young woman ended up with nothing, perhaps hers and the other womans insurance will cover some of the cost of her injuries. And it is possable that the jury would have awarded her enough to cover her medical costs from CalTrans if her lawyer had not been so gready going for close to $12 million dollars. A little bit of something is a better than a whole lot of nothing. "

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reality1 wrote on Nov 14, 2008 9:08 AM:

" I think the jurors did a good job. Bottom line highway did not cause accident. Person that fell asleep and drifted over caused the accident. Highway 12 is dangerous but many other two lane roads are just as bad but do not have the heavy traffic. Yes in an ideal situation this highway should be four lanes all the way but where is the money going to come from? "

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reading wrote on Nov 14, 2008 9:06 AM:

" No...it's not the road's fault. It is the fault of the rapid increase of morons driving that road over the last decade plus. So, knowing that, and with the subsequent increase in fatalities....one would think Caltrans would follow common sense and install barriers......just like they did between Rio Vista and Fairfield.

Acceleration lanes, widening, signs ect...is not going to cut it. People are very stupid on that road and more unlucky folks are going to die at a higher rate there until the barriers go up. "

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Cogito wrote on Nov 14, 2008 8:45 AM:

" Thousands and thousands of cars pass in opposing directions on Hwy 12 day after day, year after year, without incident. The bottom line is you can't remove the human factor. You can't excise the ability to be distracted, tired, or any other type of bad driving behavior from people who get behind the wheel. We can try and make our roads safer, but as long as there are drivers, there will be accidents. It's not the road's fault. "

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Lulu_Oni wrote on Nov 14, 2008 8:19 AM:

" How many accidents and deaths occur on Hwy 12 monthly? And yet, no one is winning lawsuits against the State.
How odd. It could be that, taking into consideration Hwy 12 can be a hazard if you drive like an idiot, it's no one's fault but the person causing these accidents, intentional or not. It's not the State's responsibility to cover up for everyone's mistakes. "

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