City of Yakima, local family reach $3M settlement in Fruitvale crash [Yakima Herald-Republic, Wash.]

Nov. 26—The city of Yakima has reached a $3 million settlement agreement with the family of a man injured in a 2015 collision at the intersection of North 34th Avenue and Fruitvale Boulevard.

The sum will be paid by the city's insurance, and the city is taking steps to improve safety at the intersection.

Mario Garcia of Yakima had stopped at a stop sign and was attempting to cross Fruitvale Boulevard toward River Road in a Volkswagen Cabriolet convertible Sept. 15, 2015, during the early morning commuting hours when his vehicle was struck by a speeding Mitsubishi Eclipse heading east.

The impact threw Garcia from his car. He landed near the railroad tracks at the northeast section of the intersection.

A lawsuit brought by Garcia's family alleged the intersection was too wide to safely cross, creating a hazard for drivers navigating the intersection north and south, attorney Bryan G. Smith with Tamaki Law said in a news release Tuesday. He said Garcia had significant injuries and medical costs as a result of the accident.

City Attorney Sara Watkins said Washington's standing as a "joint and several liability" state was relevant for the city's decision to settle the suit.

"Should the jury have found Mr. Garcia to be fault-free and the city even just 1% at fault for the accident, the city would have been responsible to pay the entire judgment because the co-defendant driver had minimal insurance coverage," she said in an email statement. "In light of the significant damages claimed by Mr. Garcia and the threat of joint and several liability, the city and its outside counsel hired by its insurer decided that settling the case was the best course of action for the city."

Smith said the settlement achieved the goals set by the family to secure resources to better care for Garcia and his daughter.

Because of his injuries, Garcia cannot speak, eat or care for himself and requires 24-hour care in a nursing home, according to the release from Tamaki Law. The settlement will allow Garcia's family to bring him home more often and provide for his daughter, who was 1 year old at the time of the collision, the release said.

Traffic improvements

The release from Tamaki Law said the family is also grateful that the city is taking steps to improve safety at the intersection.

Separate from the lawsuit, the city was awarded state and federal grant funding for two roundabout projects near the intersection where the accident occurred, Watkins said.

She said the project design includes a double lane roundabout at the intersection of North 34th Avenue and Fruitvale Boulevard and a smaller roundabout at the intersection of North 34th Avenue and River Road.

Design work for the project, which had been on the city's six-year transportation improvement plan, is expected to be completed in 2023 with construction planned for 2024, Watkins said.

"My clients are grateful that the city has taken positive steps toward making the intersection safer, while also helping the Garcia family deal with the ramifications of this terrible crash," Smith said in the release.

The Yakima City Council approved the settlement amount and agreement, entered by the Cities Insurance Association of Washington, Munich Reinsurance and the city, at its June 7 meeting. The $3 million sum will be paid through CIAW and Munich.

Contact Kate Smith at katesmith@yakimaherald.com.

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