A Contra Costa County jury awarded $11.7 million to the family of William Tindall, who died on Marsh Creek Road in 2008 while assisting an injured motorist. The accident occurred on a stretch of road undergoing “chip seal” resurfacing, a process that leaves gravel debris.
Details of the Fatal Incident
William Tindall stopped to assist a driver who had spun out on construction gravel on Marsh Creek Road, a common commuter route between Tracy and Walnut Creek. While waiting for an ambulance, another vehicle also spun out on the gravelly turn, striking and killing Tindall.
Impact on the Family
The victim’s lawyer, Luke Ellis of Gillin, Jacobson, Ellis & Larsen, emphasized the profound impact of Tindall’s death on his close-knit family. Evidence presented at trial highlighted the strong bond between Tindall, his wife (described as soulmates), and his then-10-year-old daughter, who shared a love of nature and hiking.
Liability and Negligence
Ellis argued that Contra Costa County had been negligent in maintaining the road, failing to adequately clear gravel debris. The road had a history of accidents during resurfacing periods in 1994, 2001, and 2008, indicating persistent hazardous conditions. Ellis contended that the county placed drivers in unreasonable danger.
Defense Arguments and Trial Dynamics
Dennis Moriarty, representing the county, argued that the trial court erred by admitting evidence of prior accidents, which he claimed inflamed the jury and resulted in an excessive award. Settlement talks had occurred but did not result in an agreement.
The trial lasted three months, during which Contra Costa Superior Court Judge Barry Goode allowed jurors to ask questions of witnesses. Ellis noted that the jury, which included an engineer and a Ph.D., was highly engaged and asked in-depth, intelligent questions throughout the trial.
Jury Deliberation and Verdict
Initially, jurors expressed concern about awarding a large sum in times of tight government budgets, fearing funds might be diverted from essential services. However, after a day and a half of deliberations, the jury returned with the $11.7 million award. Ellis stated that the verdict demonstrated that jurors are willing to award substantial damages when they understand the government’s conduct and believe the award is justified.
This landmark verdict against Contra Costa County powerfully reminds us of the devastating consequences of governmental negligence. The $11.7 million award to the Tindall family underscores the importance of holding public entities accountable for maintaining safe roadways.
GJEL Accident Attorneys, through their meticulous preparation and expert legal strategy, demonstrated that even in times of fiscal constraint, juries will uphold the value of human life and demand justice when negligence leads to tragedy. This case sets a precedent, reinforcing that government entities must prioritize public safety and properly maintain infrastructure to prevent avoidable accidents.
The complexity of this case, involving extensive evidence of prior accidents and nuanced arguments about governmental liability, highlights the need for experienced and dedicated legal representation. Despite the defense’s arguments and initial juror concerns about budgetary impacts, GJEL Accident Attorneys’ ability to present a compelling narrative to the jury showcases their expertise and commitment.
Their success in securing a substantial award demonstrates their proficiency in navigating complex legal proceedings and advocating for their client’s rights. This case exemplifies the firm’s dedication to achieving justice for families who have suffered immeasurable losses due to negligence.
If you or a loved one has been injured or has suffered a wrongful death due to the negligence of a government entity or any other party, don’t hesitate to seek legal assistance. Contact GJEL Accident Attorneys today for a free, no-obligation consultation. Our experienced team will thoroughly evaluate your case, answer your questions, and fight for your rights.
We understand the unique challenges of pursuing claims against government entities and are committed to helping you secure the compensation you deserve. Let us help you navigate the legal process and ensure your future is protected. Talk to an experienced GJEL Accident Attorney, call us at +1 415-986-4777, or visit our San Jose office.
Andy Gillin received his Bachelor’s Degree from the University of California at Berkeley and his law degree from the University of Chicago. He is the managing partner of GJEL Accident Attorneys and has written and lectured in the field of plaintiffs’ personal injury law for numerous organizations. Since 1972 he has been helping seriously injured victims throughout northern California fight & win their personal injury cases. Andy is one of the top awarded & recognized wrongful death lawyers in northern California.