City pays $15M to settle negligence claim

The City of Hanford has settled for $15 million a lawsuit stemming from the 2005 traffic accident that left a boy with permanent brain damage and prompted a neighborhood campaign that called for safety improvements on a busy north Hanford intersection.

The settlement came a week before trial involving claims by a parent of Christopher Chan, who sustained a brain injury after being struck by a car while riding his bicycle at 11th Avenue and Pepper Drive three years ago.

The settlement payment will be made to Chan over his lifetime to cover his past and future medical expenses, therapy and round-the-clock care for the rest of his life. The court signed the settlement on May 21.

The city's legal counsel could not be reached for comment this morning.

On May 31, 2005, when Chan, who was then a 14-year-old eighth-grader at Pioneer Middle School, was hit by a vehicle at 11th Avenue and Pepper Drive while crossing the intersection. The incident led to an outcry by a group of neighbors and the planning commission calling for measures to make the busy intersection safer.

His parent subsequently sued the city, alleging negligence on the part of Hanford. The suit claimed the city's traffic control at the intersection was inadequate. The suit further alleged that the city was aware of the hazard but didn't take action.

There was no crosswalk at the intersection. The intersection had two-way stop signs on Pepper Drive, but traffic on 11th Avenue didn't stop.

City officials at the time said a study previously conducted determined that the intersection was not suitable for a crosswalk and did not meet state standards for a traffic signal or a four-way stop sign. The speed limit of 45 mph for that segment of 11th Avenue was also an issue, but officials said that was based on a traffic study.

According to the suit, Chan now has no short-term memory and has a verbal ability of a 6-year-old. Chan also needs round-the-clock care, the suit says.

"Such a tragedy, that a traumatic brain injury has robbed Christopher Chan of a self-sufficient and productive life," said Brian Chase, the Los Angeles-based attorney who represented the Chan family in the case. "This wouldn't have happened if the elected officials of Hanford were doing their jobs by ensuring the public's safety. This case should serve as a warning to other elected officials ...."

The reporter can be reached at 583-2429.

(May 28, 2008)