Date: 08-26-2009

Case Style: Family and Estate of Richard Kunzler v. Utah Department of Transportation and Staker & Parsons Construction

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Judge:

Court: Fourth District Court, Utah County, Utah

Plaintiff's Attorney: Allen Young, Young, Kester & Petro, Provo, Utah

Defendant's Attorney: Joe Minnock, Morgan, Minnock, Rice & James, LLC, Salt Lake City, Utah

Description: The Family and Estate of Richard Kunzler sued the Utah Department of Transportation on a governmental tort theory and Stake and Parsons Construction Company for the wrongful death of Mr. Kunzler in an auto accident on I-15 just south of Spanish Fork on July 18, 2006. Plaintiffs claimed that Mr. Kunzler was driving northbound on I-15 at or about the 75-mph speed limit. As he topped the bridge at that location he was confronted with backed up traffic caused by construction activities being performed by Stake and Parsons under contract with the Department of Transportation. Another car swerved in front of Kunzler and he, in turn, swerved to avoid hitting that car and slid into the back of a car that was stopped. Kunzler was fatally injured in the crash.

Plaintiffs claimed that there were no signs or other warnings that the road might be blocked and claimed that Stake & Parsons had failed to exercise due care in setting up and maintaining signage on the highway to warn motorists of the road construction being performed on the highway and the risk that the construction might create. Plaintiffs also claimed that UDOT negligently failed to assure that Stake & Parsons complied with signage and warning requirements.

The defenses asserted by defendants are not available.

Outcome: Plaintiffs' verdict for $4 million with a finding that Staker and Parsons Construction was 45% percent responsible and UDOT was 35% percent responsible.

Plaintiff's Experts:

Defendant's Experts:

Comments: Editor's Note: Most public road and highway construction contracts incorporate by reference the Uniform Traffic Control Devices manual that specifies when, where and how signs are supposed to be placed on roads to protect the public from hazards.