City of Atwater responsible for pedestrian death, says jury

The city of Atwater is solely responsible for the death of Delia Gonzales, a 73-year-old pedestrian killed in 2010, and ordered to pay $3.2 million in damages, a Merced County jury decided Monday.

The verdict, reached just after 4 p.m., absolved the driver of the vehicle, Michelle Carrizales, of any responsibility in the fatal collision. Carrizales was not negligent and not at fault for the crash, the verdict stated.

The jury determined the intersection of Bellevue Road and Linden Street was in dangerous condition at the time of the accident, created a foreseeable risk and was a substantial factor in causing harm to the family. The jurors also decided the city knew about the condition long enough to do something about it.

Attorneys for the city told the Merced Sun-Star they plan to appeal the verdict and feel confident they can overturn the decision.

The $3.2 million verdict includes $14,134 for funeral and burial expenses as well as noneconomic damages, such as the loss of love and companionship from the December 2010 death to the present and in the future.

Gonzales’ surviving spouse, Genovevo “Gene” Gonzales, and their daughter, Gloria, fought back tears as the verdict was read in court Monday. The lawsuit claimed the city is responsible for the “negligent design” of the intersection, including visual obstructions, improperly timed traffic signals and inappropriate roadway maintenance.

Wiping away tears outside the Merced County courtroom, Gloria Gonzales said the lawsuit wasn’t about getting money from the city.

“Anybody that knows us knows that money wasn’t what we wanted or needed,” she said. “The decision means that we had justice for our mother. My mother loved the city of Atwater, and if we didn’t do this for her, her death would be in vain.”

The Gonzales family said the lawsuit was also about improving pedestrian safety. Delia Gonzales was the third victim to be killed at the same intersection, but no one has died there since her 2010 death. “I honestly believe my mother died so they could change the light,” Gloria Gonzales said. “If we didn’t do this for her, we wouldn’t have done right by her.”

The family’s Sacramento-based attorney, Roger Dreyer, said the victory Monday sends a clear message to other cities. “They laid it at the feet of the city, as they should,” he said. “The message it sends, not just to the city of Atwater, but for all public entities, is that they have to do their job.”

Mayor Joan Faul declined comment on the decision Monday, saying she needs to consult with the city attorney. City Manager Frank Pietro couldn’t be reached for comment.

One of the city’s attorneys in the case, Brad Post of the Modesto-based firm Borton Petrini LLP, said he is “extremely disappointed” in the verdict and will appeal it. “We respect the ruling, but we have a different view and we’re going to take it to the appellate court,” Post said. “I really think we’ve got a very strong position.”

Post said he believes the driver, Carrizales, should have carried part of the responsibility instead of holding the city 100 percent responsible. “I absolutely think that if she had looked left, the accident wouldn’t have happened,” he said. “There’s no question in my mind that she had a liability.”

Carrizales’ attorney, Jim Miller of the Sacramento-based firm Powers & Miller, told the Sun-Star he’s satisfied with the outcome of the case. “My goal was to show the jury that the accident was not the fault of my client,” Miller said. “It’s been very hard on her carrying this burden. While she’s happy with the verdict, nothing will bring back Mrs. Gonzales.”

Miller added the vehicular manslaughter charge has also been dropped against his client.

Since Gonzales’ death, Atwater officials say the city has taken steps to improve its crosswalks and roadways. The city created about a dozen crosswalks with lights, according to a former city councilman.

“We were the first city in Central Valley to have lighted crosswalks,” said Andy Krotik, who sat on the council from 1994 to 2006. Krotik added that the intersection where Gonzales was killed was a “major problem” and was discussed publicly several times.

“It was definitely on our minds,” Krotik said Monday. “They said they were going to look at it and talk about it, but why it didn’t get fixed, I’m at a loss.”

This story was originally published October 6, 2014 at 4:34 PM with the headline "City of Atwater responsible for pedestrian death, says jury."