The city of Dana Point on Tuesday agreed to pay two women joggers who became quadriplegics because of a 2006 hit-and-run accident about $50 million in a civil suit settlement, the largest private injury case payout in Orange County history.This was a tragic accident, without question, and these women's lives were terribly altered forever. However, the city of Dana Point did not put them in this position - a drunk driver did. The lawsuit basically absolved the driver of responsibility and tried to put all the blame on the deepest pockets they could find - the city where the accident occurred.
Stacy Neria and Carol Daniel, both of San Clemente and mothers of three children each, were struck by a homeless driver who was on probation for DUI, when they were running on Coast Highway near Palisades Drive in Capistrano Beach.
Their bodies flew into the air, crashing onto windshield. William Todd Bradshaw drove away and abandoned the bloodied vehicle. He hid until police tracked him down nine days later. Bradshaw was sentenced to four years in prison for felony hit-and-run in February, despite a plea for leniency by his paralyzed victims.
In agreeing to a settlement on the day the case was to go to trial the city did not admit any fault.
“This is just a horrible tragic accident and they have very serious medical injuries,” said City Attorney Patrick Munoz, “They will need this money to care for their medical needs.”
The city could have put up flashing lights that said "CAUTION - JOGGERS AHEAD" and it wouldn't have made any difference. An impaired driver doesn't care how the road is marked.
If I were a resident of Dana Point I'd have real problems with the idea that my taxes are going to get hammered because of the city's decision to accept this deal. I'm sure the city was afraid of the visuals they'd have with two quadriplegics in front of a jury, but justice should have demanded that they not accept such a deal.
The victims were willing to let the drunk driver that hit them off with a light sentence. Where was the plea for leniency for the city of Dana Point?
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