Suing Caltrans Costs Family $75,000

Back in May of 2007 a terrible crash occurred on the freeway almost within sight of my home.  The crash cost the lives of three small children and was caused by a truck driver who apparently wasn't paying attention and rear-ended the minivan containing the children, their mother and grandmother.

The trucker was clearly at fault, but the family sued Caltrans too (the state agency that manages our freeways), and I was critical of that decision at that time.  They lost that case, and that tactical error is going to cost them:

Lori and Chris Coble, the parents of three young children killed in a crash on the I-5 nearly four years ago, has settled with Caltrans and will pay $75,000 in fees and costs after losing a wrongful-death lawsuit to the state agency.

The settlement agreement, which also includes Lori Coble's mother, Cindy Maestri, was reached Monday, according to court records. The agreement follows an earlier judgment filed as an amendment to the Orange County Superior Court verdict in September ordering the Cobles to pay "costs and disbursements in the amount of $291,534.04."

It was a terribly sad situation, made unnecessarily worse by the decision to sue Caltrans (and in effect me and other taxpayers of California) for something that clearly wasn't our fault.

Unfortunately, the taxpayers will still take a bath on this deal since $75,000 will pay only a small part of the costs Caltrans incurred in defending this lawsuit.

This Lawsuit Was a Bad Idea From the Start

One of the most viewed threads on this blog involved the tragic crash that occurred a short distance from my house that took the lives of three small children.  It was a heartbreaking tragedy, and following the accident the family filed a lawsuit against Caltrans, essentially giving the truck drive who caused the wreck a pass and trying to pin the blame on the condition of the road.  It was a bad idea and I opposed it from the start.

Now, after losing the lawsuit the family is being saddled with a huge bill to pay for Caltrans' legal fees:

Lori and Chris Coble, the parents of three young children killed in a fiery crash on the I-5 three years ago, have been ordered to pay Caltrans almost $292,000 in fees and costs after losing a wrongful death lawsuit against the state agency on July 14.

An amendment to the Orange County Superior Court jury verdict was filed on Thursday, stating the Cobles and Lori Coble's mother Cindy Maestri must pay Caltrans "costs and disbursements in the amount of $291,534.04."

"We just found out last night from our attorney," Chris Coble said on Friday. "Our attorney will appeal the decision. The fact that we lost impacted us greatly. Everyone who drives that road knows how dangerous it is. Caltrans is unwilling to take any credit for what happened."

Because Caltrans wasn't at fault. And neither were the taxpayers that would have to pay for any judgment against Caltrans. The inattentive truck driver who crashed into their car was at fault, but their legal team apparently didn't want to go after him because he didn't have deep pockets. It was either a strategic error or legal malpractice from the start, and now will be a very costly mistake.  And it didn't have to happen.

Related posts:

Sometimes It's Hard to Live Near the Freeway - 5/4/07

Update on a Family Tragedy in Orange County - 5/11/07

After the Funeral Comes the Lawyers  - 5/12/07

Three New Blessings for a Local Family Hit by Tragedy  - 5/2/08

Truck Driver Who Killed Three Kids Convicted  - 8/22/08

Truck Driver Who Killed Three Kids Sentenced to Prison  - 1/23/09

Caltrans Not Responsible For Deadly Mission Viejo Crash  - 7/14/10

This Lawsuit Was a Bad Idea From the Start  - 9/18/10

Caltrans Not Responsible For Deadly Mission Viejo Crash

Back in May of 2007 a heartbreaking accident happened almost within view of my house that took the lives of three small children when their mother's minivan was stopped in traffic and struck by a truck.  It was a terrible story that hit a lot of people in this area hard.

Shortly after the accident I wrote about some concerns that I had based on a lawyer's press conference.  Here's what I wrote on May 12, 2007:

One thing that has kind of bugged me this week was a press conference held by the family lawyer who is already talking lawsuit. Certainly, a suit against the truck driver that caused the accident and the company that employs him is reasonable and expected, but what bothered me was the lawyer's statements that indicate a planned suit against Caltrans because the accident occurred on a busy stretch of the I-5. The lawyer has a history of having won a big case against Caltrans in another freeway accident.

At the peril of sounding callous, this bothers me. This accident was caused by an inattentive driver who failed to recognize a dangerous situation and an innocent family paid the price. It was not the fault of the freeway. There's no design flaws, visibility problems, or anything else that would cause the road to be a contributory factor in the accident. It's a busy stretch of road, and although there have been accidents there before, serious wrecks like this one have been rare.

If you want to blame somebody for heavy traffic on the I-5, how about filing a suit against the environmental activists and legislators who are doing everything they can to stop the completion of the 241 Toll Road from Mission Viejo to Camp Pendleton. Completion of that road would greatly relieve the pressure on the I-5 and would make the commute through southern Orange County much safer. However, because some bunnies might be displaced through a remote section of a State park, the environwackos and their allies in Congress are doing everything they can to block the road and the progress that would result. If you're looking for a crime, look there.

To blame Caltrans and the freeway is to blame the taxpayers of California, because we are the ones who will get stuck with the bill should there be a successful suit or settlement against the State. We all grieve for the loss, but we're not all responsible.

Today a jury agreed with my assessment of Caltrans' lack of culpability in this accident:

Lori and Chris Coble held hands in the courtroom gallery Wednesday, one bench away from jurors about to deliver a verdict in their wrongful death case against Caltrans for the fiery freeway crash that killed their three children.

"Was the public property owned by Caltrans in a dangerous condition?" said the court clerk, opening the special verdict.

The response: "No."

The Cobles leaned forward, heads in their hands. After three weeks of testimony, a day and a half of deliberations and more than three years since a big-rig slammed into Lori Coble's minivan – leaving Kyle, 5, Emma, 4, and Katie, 2, dead – eight women and four men determined Caltrans was not at fault in the accident.

My heart still goes out to this family, but I think justice was done in this case. The truck driver was found guilty and sentenced to prison. This accident was his fault and he's paying the price.

Related posts:

Sometimes It's Hard to Live Near the Freeway - 5/4/07

Update on a Family Tragedy in Orange County - 5/11/07

After the Funeral Comes the Lawyers  - 5/12/07

Three New Blessings for a Local Family Hit by Tragedy  - 5/2/08

Truck Driver Who Killed Three Kids Convicted  - 8/22/08

Truck Driver Who Killed Three Kids Sentenced to Prison  - 1/23/09

Caltrans Not Responsible For Deadly Mission Viejo Crash  - 7/14/10

This Lawsuit Was a Bad Idea From the Start  - 9/18/10

Truck Driver Who Killed Three Kids Sentenced to Prison

In a final postscript to one of the saddest stories I've ever written about, the truck driver responsible for an accident which killed three siblings just a short distance from my home has been sentenced to prison:

NEWPORT BEACH – An Apple Valley man who crashed into the back of a minivan in 2007, killing three young siblings from Ladera Ranch, was sentenced to one year in prison and five years of probation this morning.

Jorge Miguel Romero, 38, was convicted of vehicular manslaughter on Aug. 22, 2007 after he pleaded no contest to three misdemeanor counts for the May 4, 2007 crash that killed 5-year-old Kyle, 4-year-old Emma and 2-year-old Katie Coble.

The deaths of the three siblings sparked an outpouring of support for the parents from their Ladera Ranch community, and moved the parents to push for changes in the trucking industry.

Romero's plea was made after a pre-plea report prepared by the Probation Department, which recommended a one-year sentence for Romero, based on the nature of the crime and Romero's history, said Farrah Emami, spokeswoman for the Orange County District Attorney's office.

Romero was blamed for inattentiveness, following other vehicles too closely and not hitting the brakes in time.

Lori Coble was driving the children and their grandmother back home after a day at the Irvine Spectrum, where the family was celebrating Kyle's birthday with a ride on the Ferris wheel. She slowed her mini-van down as they were exiting the I-5 freeway at Oso Parkway when Romero crashed into the van's rear, through the backseat where the children were sitting.

Kyle, Emma and Katie, who were all sitting in restraining seats, died as a result of the crash.

Although the family lost their three kids in that accident, since then triplets were born to the Coble family and life goes on.

Related posts:

Sometimes It's Hard to Live Near the Freeway - 5/4/07

Update on a Family Tragedy in Orange County - 5/11/07

After the Funeral Comes the Lawyers  - 5/12/07

Three New Blessings for a Local Family Hit by Tragedy  - 5/2/08

Truck Driver Who Killed Three Kids Convicted  - 8/22/08

Truck Driver Who Killed Three Kids Sentenced to Prison  - 1/23/09

Caltrans Not Responsible For Deadly Mission Viejo Crash  - 7/14/10

This Lawsuit Was a Bad Idea From the Start  - 9/18/10

Truck Driver Who Killed Three Kids Convicted

In a postscript to one of the saddest stories to hit this area, the truck driver responsible for the accident which killed three kids almost within view of my house has been convicted of vehicular manslaughter:

The driver of a truck that crashed into the back of a family van, killing the three young Coble children of Ladera Ranch, was convicted today of vehicular manslaughter and faces a maximum sentence of three years in prison.

Jorge Miguel Romero, 38, of Apple Valley, pleaded no contest to three misdemeanor counts of vehicular manslaughter for the May 4, 2007 crash that killed 5-year-old Kyle, 4-year-old Emma and 2-year-old Katie Coble.

The deaths of the three siblings sparked an outpouring of support for the parents from their Ladera Ranch community, and moved the parents to push for changes in the trucking industry.

Lori Coble, the children's mother, was driving the children and their grandmother back home after a day at the Irvine Spectrum, where the family was celebrating Kyle's birthday with a ride in the Ferris wheel.

Lori Coble slowed her mini-van down as they were exiting the I-5 freeway at Oso Parkway when Romero crashed into the van's rear, through the backseat where the children were sitting.

Kyle, Emma and Katie, who were all sitting in restraining seats, died as a result of the crash.

Investigators determined Romero was driving at about 60 to 70 mph in a semi-truck, carrying more than 400,000 pounds of electronic equipment. A California Highway Patrol investigation determined Romero was driving at an unsafe speed for the traffic conditions that day.

Romero hit the breaks too late to stop the truck in time, killin+g the children of Chris and Lori Coble, according to authorities.

If there's any blessing out of this it's that the family had triplets not long ago.

Related posts:

Sometimes It's Hard to Live Near the Freeway - 5/4/07

Update on a Family Tragedy in Orange County - 5/11/07

After the Funeral Comes the Lawyers  - 5/12/07

Three New Blessings for a Local Family Hit by Tragedy  - 5/2/08

Truck Driver Who Killed Three Kids Convicted  - 8/22/08

Truck Driver Who Killed Three Kids Sentenced to Prison  - 1/23/09

Caltrans Not Responsible For Deadly Mission Viejo Crash  - 7/14/10

This Lawsuit Was a Bad Idea From the Start  - 9/18/10

Three New Blessings for a Local Family Hit by Tragedy

Almost a year to the day since their three kids were killed in a terrible wreck almost within sight of my house, the Coble family of nearby Ladera Ranch has welcomed new triplets into their lives:

MISSION VIEJO – A Ladera Ranch couple who almost one year ago lost three children in a freeway crash announced the birth of triplets – two girls and a boy – born late Wednesday.

The babies were born within minutes of each other. The first baby girl named Ashley was born at 9:42 p.m. weighing 3 pounds, 8 ounces. Then a minute later came Ellie, weighing four pounds, and their brother Jake weighing 3 pounds, 14 ounces was born at 9:44 p.m. The babies are in the care of Children's Hospital at Mission and are listed in good condition. They were born by C-section. Lori Coble is in good condition, said Denise Almazan, spokeswoman for Children's Hospital of Orange County.

In October Lori and Chris Coble found out that triplets – two girls and a boy – were expected to come into their lives in May.

"It's kind of a two-sided coin," Chris Coble, 36, said then. "We feel amazed that it's happening, but at the same time we're still mourning Kyle, Emma and Katie. Nothing will ever replace them. We feel joy for what's happening, but we're crying and missing the kids."

The Coble children – Kyle, 5, Emma, 4, and Katie, 2 – died after a big-rig loaded with more than 40,000 pounds of electronics struck the family's Chrysler minivan May 4 on the I-5 in Mission Viejo. The minivan was stopped in the slow lane. Lori Coble, 30, who was driving, and her mother, Cynthia Maestri, 60, were injured.

I'm really happy for them. I remember that terrible day very well, and did a lot of posting on the accident. We'll never understand why Kyle, Emma and Katie had to go, but God is good and now they have three new little ones to fill their house.

Related posts:

Sometimes It's Hard to Live Near the Freeway - 5/4/07

Update on a Family Tragedy in Orange County - 5/11/07

After the Funeral Comes the Lawyers  - 5/12/07

Three New Blessings for a Local Family Hit by Tragedy  - 5/2/08

Truck Driver Who Killed Three Kids Convicted  - 8/22/08

Truck Driver Who Killed Three Kids Sentenced to Prison  - 1/23/09

Caltrans Not Responsible For Deadly Mission Viejo Crash  - 7/14/10

This Lawsuit Was a Bad Idea From the Start  - 9/18/10

After the Funeral Comes the Lawyers

The big news on this blog all week has been the terrible accident just a half mile from my house that took the lives of three cute little kids and decimated a local family. All through my neighborhood you can see blue and pink ribbons tied to trees, light poles, and other fixtures as a memorial to the family. The funeral service was this morning at a local church, and once I find the news report on the service, I'll post it.

(UPDATE: Here's the story on the funeral for the three kids. Heartbreaking.)

One thing that has kind of bugged me this week was a press conference held by the family lawyer who is already talking lawsuit. Certainly, a suit against the truck driver that caused the accident and the company that employs him is reasonable and expected, but what bothered me was the lawyer's statements that indicate a planned suit against CalTrans because the accident occurred on a busy stretch of the I-5. The lawyer has a history of having won a big case against CalTrans in another freeway accident.

At the peril of sounding callous, this bothers me. This accident was caused by an inattentive driver who failed to recognize a dangerous situation and an innocent family paid the price. It was not the fault of the freeway. There's no design flaws, visibility problems, or anything else that would cause the road to be a contributory factor in the accident. It's a busy stretch of road, and although there have been accidents there before, serious wrecks like this one have been rare.

If you want to blame somebody for heavy traffic on the I-5, how about filing a suit against the environmental activists and legislators who are doing everything they can to stop the completion of the 241 Toll Road from Mission Viejo to Camp Pendleton. Completion of that road would greatly relieve the pressure on the I-5 and would make the commute through southern Orange County much safer. However, because some bunnies might be displaced through a remote section of a State park, the environwackos and their allies in Congress are doing everything they can to block the road and the progress that would result. If you're looking for a crime, look there.

To blame CalTrans and the freeway is to blame the taxpayers of California, because we are the ones who will get stuck with the bill should there be a successful suit or settlement against the State. We all grieve for the loss, but we're not all responsible.

UPDATE 7/30: Since the comments seem to be generating more heat than light, I've decided to shut down comments on this post and other posts relating to this tragedy. My heart goes out to the family and I hope God will grant them the peace they need.

Related posts:

Sometimes It's Hard to Live Near the Freeway - 5/4/07

Update on a Family Tragedy in Orange County - 5/11/07

After the Funeral Comes the Lawyers  - 5/12/07

Three New Blessings for a Local Family Hit by Tragedy  - 5/2/08

Truck Driver Who Killed Three Kids Convicted  - 8/22/08

Truck Driver Who Killed Three Kids Sentenced to Prison  - 1/23/09

Caltrans Not Responsible For Deadly Mission Viejo Crash  - 7/14/10

This Lawsuit Was a Bad Idea From the Start  - 9/18/10

Update on a Family Tragedy in Orange County

Update 5/7/07: See bottom of post for memorial information.

I posted Friday on the terrible accident that occurred on the I-5 near my home. Initial reports were bad enough, with two small children dead, but this morning's news is even worse. All three of the family's children, age 3, 4 & 5 perished. Here's some info on the family:

Lori Coble beamed as she posed for the camera with her husband and their three small children. Katie was still a baby, perched on Lori's hip. Kyle and Emma – in matching white shirts, jeans and flip-flops – grinned as they crowded on their dad Chris' lap.

"Kyle, Katie and Emma – the crazy monkeys" as the Ladera Ranch family's Web site proclaimed. The kids grew up so fast.

The dream was abruptly shattered about 1:10 p.m. Friday when a big-rig slammed into the back of the family's 2006 Chrysler Town & Country minivan on the southbound Santa Ana (I-5) Freeway north of Oso Parkway.

The three Coble kids were in the back of the minivan, strapped into car seats and booster seats. Lori was driving. Grandmother Cynthia Maestri was in the front passenger seat.

Two-year-old Katie and 5-year-old Kyle were rushed to Mission Hospital in Mission Viejo. Katie died just before 2 p.m. Four-year-old Emma died minutes later at Saddleback Memorial Hospital in Laguna Hills, California Highway Patrol officer Katrina Lundgren said.

All lanes of the freeway were shut down while a LifeFlight helicopter landed on the freeway for about five minutes to pick up the critically injured Maestri. She was airlifted to Western Medical Center. Lori was rushed by paramedics to the same hospital with critical injuries.

At Mission, Kyle was rushed into surgery. Doctors did everything they could. He died at 8:52 p.m.

I can't imagine the heartbreak that family is feeling this morning. One moment you're driving down the freeway on a routine family errand, and the next there's a grinding crash and your children are gone. What a nightmare.

Not only is this a tragedy for the family, but many others who witnessed the accident or who responded from emergency services will live with this a long time:

Friday afternoon traffic had slowed to a crawl near Oso Parkway. The silver Chrysler minivan was stopped in the slow lane as the cars headed south stacked up.

The black-and-white big-rig came up behind the Chrysler between 55 and 60 mph, according to what the driver later told California Highway Patrol investigators. Packed with electronics, the big-rig didn't stop and slammed into the back of the minivan, driving through the backseat of the Chrysler where the children were sitting.

The semi drove through the back of the minivan, crushing it and pushing it into a Chevy Tahoe that was stopped ahead, CHP officer Katrina Lundgren said.

Andy Tran, 32, who installs blinds for a living in Santa Ana, grabbed his tools and tried to get the children out of the car. Glass was everywhere. Kyle was bleeding. The car seats were mangled.

There was little Tran and others could do. He pulled out a blue blanket and laid it down – a touch of comfort for the victims.

"I've seen a lot of accidents, but this is the worst one I've ever seen," Tran said. "Just seeing the kids. I can't forget it."

A firefighter chaplain in full gear hugged bystanders and offered comfort (pictured here). Firefighters were teary-eyed. The van's vanity license plates "MEMOMMY" crumpled under the wreckage.

And the horrors are just beginning. Burying your children is terrible enough, but what's it going to be like for these parents to come home to house full of children's toys, clothes and memories, and the dreadful silence of a home that used to ring with laughter and the shouts of small voices? This is one of those moments when you wonder how God could let something like this happen.

Pray for them. If I hear of a memorial fund I'll let you know.

UPDATED: Another story on the Coble family and the truck driver involved in the wreck.

UPDATE 5/7: Here's the memorial information for the Coble family:

To help the family
Donations for the Coble family can be made at any Washington Mutual, or mail a check to Washington Mutual, 25692 Crown Valley Parkway, Suite J2, Ladera Ranch, 92694, attention James Maestri FBO Coble Family, account 3951107470. For more information, go to www.lifetomotion.com.

If you'd like to contribute or reach out to the Coble family in some other way, the Rev. Roger Rustad can be reached at roger.rustad@stjoe.org

Services
Funeral services for the Coble children will be held at 10 a.m. Saturday at the Presbyterian Church of the Master, at 26051 Marguerite Parkway in Mission Viejo. The family has requested that no children be present at the service, said the Rev. Roger Rustad, a chaplain at Mission Hospital in Mission Viejo.

Related posts:

Sometimes It's Hard to Live Near the Freeway - 5/4/07

Update on a Family Tragedy in Orange County - 5/11/07

After the Funeral Comes the Lawyers  - 5/12/07

Three New Blessings for a Local Family Hit by Tragedy  - 5/2/08

Truck Driver Who Killed Three Kids Convicted  - 8/22/08

Truck Driver Who Killed Three Kids Sentenced to Prison  - 1/23/09

Caltrans Not Responsible For Deadly Mission Viejo Crash  - 7/14/10

This Lawsuit Was a Bad Idea From the Start  - 9/18/10

Sometimes It's Hard to Live Near the Freeway

One of the things I like about where I live is the proximity to the freeway. Within a minute or so I can be speeding my way north or south without traveling through miles of surface streets.

However, when things go bad on the freeway the surface streets near my home go crazy with commuters trying to find a way around the problem. This afternoon was one of those days. As I write this, lines of cars are snaking their way around the area trying to get past an accident and I can hear the buzz of news helicopters hovering over the scene a short distance away.

My wife called earlier in the afternoon to tell me to check the web because something big was happening on the I-5. The accident was close enough to the high school that the kids could hear the sirens and see the news choppers. I'm almost sorry I checked:

Two 3-year-old girls were killed and a 5-year-old boy is fighting for his life after a big-rig slammed into the back of the vehicle they were riding in this afternoon on the southbound Santa Ana (I-5) Freeway north of Oso Parkway, authorities said.

The three young children, believed to be siblings, were rushed by ambulance to Mission Hospital, where the two girls died, California Highway Patrol officer Katrina Lundgren said. The 5-year-old is in surgery.

Their mother and grandmother suffered moderate injuries when the semi crashed into the back of a silver Chrysler about 1:10 p.m., completely demolishing the smaller car. A GMC Yukon was also involved in the crash, but details of the accident are unclear.

The mother was airlifted to Western Medical Center-Santa Ana, and the grandmother was taken to by ambulance to the same hospital.

All lanes of the freeway were shut down while a LifeFlight helicopter landed on the freeway for about five minutes to pick up the injured mother.

This picture is heartbreaking:



That's a fire department chaplain comforting witnesses to the accident. I travel that road nearly every day and this is a terrible reminder of what can happen at any time. My prayers go out to the family and everyone involved.

UPDATE: When we left for the Angels game at 5pm traffic was backed up for miles north of the accident scene. When we came home at 10:45 they still had lanes blocked for the investigation and traffic was backed up on the southbound I-5 for at least 2 miles. What a mess.

UPDATE 2: The story just gets sadder as all three kids perish. More info here.

UPDATE 7/30: Since the comments seem to be generating more heat than light, I've decided to shut down comments on this post and other posts relating to this tragedy. My heart goes out to the family and I hope God will grant them the peace they need.

Related posts:

Sometimes It's Hard to Live Near the Freeway - 5/4/07
Update on a Family Tragedy in Orange County - 5/11/07
After the Funeral Comes the Lawyers  - 5/12/07
Three New Blessings for a Local Family Hit by Tragedy  - 5/2/08
Truck Driver Who Killed Three Kids Convicted  - 8/22/08
Truck Driver Who Killed Three Kids Sentenced to Prison  - 1/23/09
Caltrans Not Responsible For Deadly Mission Viejo Crash  - 7/14/10
This Lawsuit Was a Bad Idea From the Start  - 9/18/10