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Construction Contractor’s Failure to Warn Traffic of Backup Causes Death
Posted on Sep 14, 2009
The failure of a construction company to properly warn oncoming traffic and give them sufficient notice of upcoming construction delays caused the death of a man which swerved off the roadway to miss the backed up traffic.
The widow and children of Richard Kunzler were awarded nearly $4.4 million in damages by a Utah Court after he suffered fatal injuries in 2006 when he attempted to avoid backed up traffic on Interstate 15, resulting in his car striking other vehicles.
The lawsuit claimed that the Utah Department of Transportation (DOT) and subcontractors failed to give sufficient notice about the traffic back up for motorist approaching the bridge construction near Spanish Fork. Kunzler, 38, knew there was construction but was unaware of the traffic delay according Tyler Young, the attorney who represents the family. He said Kunzler topped the hill when the driver directly in front of him slammed on his brakes to avoid rear-ending the stand still traffic consequently causing Kunzler to swerve and crash. Only 13 days later, Kunzler died from those injuries sustained.
Jurors determined damages totaling $4,396,268. Almost $2 million was deducted because of a state law that caps damages against the state and for the victim's partial responsibility in the incident. The final award totaled $2,896,268 for pecuniary damages and $375,000 a piece for his widow and each of his children for loss of care, comfort and companionship. Responsibility was distributed as follows: 20 percent to the victim for part of the negligence that caused his death, 35 percent to UDOT and 45 percent to the subcontractor, Staker & Parson Cos.
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