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City pays $15M to settle negligence claim

By Eiji Yamashita
eyamashita@HanfordSentinel.com

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)

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The following are comments from the readers. In no way do they represent the views of the Hanford Sentinel

RU Kidding wrote on May 28, 2008 11:26 AM:

" 15 Million? It's a tragedy for the family but it seems that the legal representation for the city is even more of a tragedy. I guess that amount is not a big deal to our big shot attorney firm but it's a huge burden for the taxpayers of Hanford. As a kid, I got hit by a car when crossing the street on my bike. Then I got spanked for not looking out for cars before crossing the street on my bike. "

MOM wrote on May 28, 2008 12:56 PM:

" I live in here and use this corner every morning. The city still hasn't done anything. There is no crosswalk, no 4 way stop, no light, no crossing guard - nothing. If it happened once, it will happen again. "

cynic wrote on May 28, 2008 1:20 PM:

" Walk to the corner and cross at the light. Until there is a crosswalk - and it sounds like there won't be - walk to the corner - or have your parents drive you to school like all the other Pioneer parents seem to do - I don't know why they even run a bus. "

RU Kidding me Mr. RUKidding wrote on May 28, 2008 1:23 PM:

" Were you brain damaged too after getting hit by a car while riding your bike like this kid is? Maybe you got a couple of bruises. Big deal. This kid could have been a doctor, a scientist, an astronaut, but no, not anymore. Read the article more carefully. He has permanent neurological injuries!!!. "

shocked wrote on May 28, 2008 1:24 PM:

" $14 is the least that this little boy deserves given that his life is forever changed! "

ohyeah wrote on May 28, 2008 2:01 PM:

" it is very sad that this had happen, could some of that money went to improve that section of road? "

what wrote on May 28, 2008 2:26 PM:

" Yes this is a tragedy that this boys life has been changed forever. But was it the City of Hanford's fault that the kid didn't look both ways to make sure it was safe? I don't think so. People need to start taking responsability for their mistakes and stop blaming/suing eveyone else. "

Watchdog Fred wrote on May 28, 2008 2:57 PM:

" Well it is unanimous even the attorney in this case says; "This wouldn't have happened if the elected officials were doing their job". Brain damage to a little boy for the rest of his life and the wonderful city elected officials your targeted did nothing council members who allowed this tragedy to occur.

They had already been forwarned of the danger of this intersection, investigated it and determined the warning wasn't valid enough to make it a four way stop. How much does it cost to buy a pole, make a stop sign and put it in concrete? I'm sure it is significantly less than $15,000,000.00

To What: read above I deffinately hold them responsible when they were warned did a study and then by their infinite wisdom decided not to heed the warning. How uncaring, calous, incentive, and stupid can you be, to be that arrogant. But that's what happens when you have a bunch of elitest clowns in charge of the decision making for you. They are through making my decisions come election time it is bye bye City Council, not a single incumbent should win. "

astounding wrote on May 28, 2008 3:13 PM:

" Where is the empathy? I know this kid. Brilliant, with infinite potential. His life has changed forever because our city choses to usa a "fatality-based" gauge to prioritize identified hazards.
This is not the kids fault! Some of you reactionaries out there fail to see the full picture.

Also, cynic , my kids go to Pioneer and take the bus. How about refraining from making broadstroke generalizations . "

JUSTICE wrote on May 28, 2008 3:38 PM:

" its amazing that a losangeles based law firm can realize that for way to long this city has neglected citizen safety. im glad this award came about never having met this family this was traggic and negligent. to ru kidding you wrote its a huge burden for taxpayers? what about the money there gonna spend for a quiet zone, what about all there other lawsuits. this was a legitimate case that warranted this award. today i was nearly rear ended then almost side swiped by a new motor cycle cop had he hit my vehicle without lights,siren i would to be suing the city, as well. "

what wrote on May 28, 2008 4:16 PM:

" The defence attorney did say the city is responsible, thats his job.(Lawyers have been known to lie) As an adult you should be responsible for yourself, as a child your parents should be responsible,not the government.Had the kid fell off his bike, would the city still be responsible?Should we elect enough city officals/police to stand at every intersection to make sure nobody gets hurt? Because every intersection has the possibilty to be dangerous. "

W.O.W. wrote on May 28, 2008 4:27 PM:

" I am complete sympathy for the little boy and his family.

Was public works notified and if so who's watch was it on. Misenheimer's?
/
Is Hanford self-insuring? If so, what will suffer from lack of funds that is spent on this judgement? "

wow. wrote on May 28, 2008 4:50 PM:

" i have sympathy that his life has changed forever. that really is a horrible and sad thing, but what in the world is $15 million going to do? i lost a good friend to a tradegy in lemoore last year. now her family is suing for "negligence".. um.. not gonna bring back the whole family that died! she had potential to be anything also.. doctor, lawyer, etc., but obviously fate didn't hold that in her hands. use this as a lesson learned. fix the street. i'm pretty sure a good portion of that $15 million could paint two white lines. how about one of those every so busy pioneer parents volunteering to be a cross guard in the mornings and afternoons? hmmm.... "

bOB wrote on May 28, 2008 5:19 PM:

" This is not the only problem area at our schools crossings in Hanford.. Check out the corner of Beulah and E. Cameron Sts. .No crosswalk, and there should be STOP signs put on both sides of E. Cameron.. And at JFK School there needs to be a cross walk across Florinda at Sequoia St.. And then some one needs to educate the bus drivers they also need to obey the laws of the road..I pick up 2 grand kids in this area every day that school is in session and the area is a mess because of the way the kids walk and the cars drive.. Another tradgedy is just waiting to happen....... "

HIgh Priced Law Firm Beat Dowd wrote on May 28, 2008 6:03 PM:

" WOW, a big law firm from LA made minced meat of the great Bob Dowd. I thought we paid him a lot of money to defend the City from frivolous law suits. Thanks Misenheimer for your incompetence as you were once the Public Works Director and now the City Manager. FIRE Bob Dowd and Misenheimer. They should have gone to jury trial!! "

Mrs.D wrote on May 28, 2008 6:31 PM:

" I live on North Douty near Pioneer Middle School. The kids are walking to the school from either Encore, Fargo, or Adrian,etc. are extremely careful. It's the drivers--from parents of Pioneer students to people driving out to 43 to regular drivers, speeding out of town. I have asked the city to put up a crosswalk between the northwest corner of Windsor and the northeast corner of Windsor, so the children who wait for the bus can cross the street safely. Nothing has materialized yet. "

Jack wrote on May 28, 2008 7:05 PM:

" While sympathetic to the plight of the family, I agree with RU Kidding. The kid was 14 . . . not 4. The suit should have been dismissed before it wasted taxpayers' money. The only person at fault was the kid who got hit. If I walk out my front door and stand in traffic, can I sue the city if I get hit? "

Mag wrote on May 28, 2008 7:56 PM:

" Face it, a 14 year old "bright kid" should have known better than to try to cross the road without looking both ways first. It's not the city's fault that a kid made a mistake. Are we supposed to have a red light at every block? Because some people won't look both ways? Absurd. Sympathies to the family, but really, it's not the city's responsibility. But it might have actually saved a lot of money by settling.. remember the jury of our peers who gave a failed suicide attempt on county property even more? It's all a huge scam and I can only hope I never need to ask because I would have terrible guilt. "

Responsibilty wrote on May 28, 2008 8:24 PM:

" Okay, let's put stop lights at all of the places that all of you have mentioned. Then someone will sue because they feel that that stop light shouldn't be there. Yes folks! That has happened.

Yes, it's a tragedy! But where is the parents' responsibility? Where is the boy's responsibility? When will people start to take responsibility for themselves? Hey, I fell and broke my ankle off a city curb. Maybe that's worth a cool million. "

Lotamula wrote on May 28, 2008 8:28 PM:

" How about making the intersection of North Fairmont Drive and Encore a four way stop. Its a blind intersection to drivers heading southbound. There's your noticed Hanford... "

To Responsibility wrote on May 28, 2008 8:56 PM:

" This bright kid also was not wearing a helmet. "

Whip out a calculator wrote on May 28, 2008 9:05 PM:

" Let's say this poor kid lives to a ripe old age of 64. That is about 50 years from now. So divide 15 million by 50 years = 300K per year. Now divide that by 12 months = that's 25,000 per month!!!!

Of course the big law firm in LA will probably get half of the 15 million award. So in reality, poor little Christopher will be cared for for the next 15 years, not counting inflation, with about 12,500 dollars for living expenses, health care expenses, etc. That's 12.5K per month!!! You heartless, cynical, and callous bloggers make it look like his family won the lottery. I would like for each of you to have your children brain damaged and given 13 grand a month to care for them for the rest of their miserable lives, and let's see if you'll change your tune. In my opinion, this boy should have been awarded 50 million, not 15 million. "

city is at fault wrote on May 28, 2008 9:41 PM:

" I used to live near this intersection prior to this accident and the city knew children were crossing there and many residents had requested a crosswalk. The city didn't care at all and look what happened. The best way to pay for this settlement would be to fire all those who blocked putting a crosswalk when they should have. As bad as this accident was, we are lucky it wasn't an even a younger child who was hurt or killed. Also, most drivers don't slow down at all because they just don't care even though they see children around. "

To calculator wrote on May 28, 2008 9:45 PM:

" So you're saying that if my child is brain damaged, I should find someone to sue to pay for it when my child did not wear a helmet and did not look both ways. Hmmmm. "

Joe Friday wrote on May 28, 2008 10:20 PM:

" Someone suggested that the city should have been able to get this case dismissed. The issue of lack of a mid-block crosswalk had been raised at multiple public hearings. When the various subdivisions west of 11th Ave. and North of Fargo were having their required public hearings, the city let the developers escape the expense of installing a mid block traffic signal at Pepper Drive. They were given this gift despite public testimony from area residents of the dangerous situation caused by the lack of a crosswalk between Fargo and Flint Ave. Then Hanford Public Works Director Gary Misenheimer, claimed during the public hearings that these were not necessary and that it was "city policy" not to require them. He also stated that kids could walk the one half mile south to Fargo Ave to cross the street. How many traffic lights does $15,000,000 buy Gary? Hanford should require that public safety come before developer profits. "

its about time wrote on May 28, 2008 10:21 PM:

" sooner or later the city of hanford was going to have to pay. i live on a corner that sees several speeding cars throughout the day. weve gone through the steps, getting a petition for speed bumps signed and all. but the city of hanford refuses to face the issue because the city council thinks speed bumps are a waste of money. what does a few yards of blacktop cost? not anywhere near $15 mil. if this city steppd up and faced responsibility they (we) would not have to pay this kind of money for the council's negligence. if the city would have taken precautions earlier they would not be paying for this mistake and more importantly, this family would not be paying. im willing to bet this doesnt change the council's mind though. they never learn from their mistakes. "

Someone Knowledgeable About The Case wrote on May 28, 2008 11:06 PM:

" Christopher was wearing a helmet. He was 25 feet into the intersection when a van that never saw him, hit him. The money is being paid out across his life time. The amount paid is what it will cost to take care of him for his life and to pay his attorney fees and litigation costs.

Please keep Christopher in your prayers and pray that another child is not injured before the city makes it safe for children to cross to and from school. "

Witness to the accident wrote on May 28, 2008 11:16 PM:

" I was a witness to this terrible accident. The child did NOT look both ways before attempting to cross 11th ave, and he was NOT wearing a helmet! In addition, he was riding his bike or attempting to ride his bike across 11th ave.,instead of walking it. As anyone who lives in this area knows, it's like the Indy 500 before and after school. He was also distracted by other children on the sidewalk. I have sympathy for Christopher AND for the driver of the van that hit him. She was extremely distraught. Every day during the school year, there are as many as 30 or more kids trying to "beat the traffic" by racing across 11th avenue. It's like shooting fish in a barrel. Just a matter of time before another sad incident happens out there. And while the city is conducting their "studies", take a little extra time and look into placing stops signs over at Milbrook & Zion, Zion & Saffron, and the other 4 way intersections in the newer part of RJ Hill/Cambridge. You have to "pray" that you make it through those intersections. "

THoward wrote on May 28, 2008 11:29 PM:

" There are a number of intersections in hanford that desperately need traffic lights and crosswalks. half the time people who can take a minute to slow down and come to a complete stop speed straight through the crosswalks anyways. But a child can look both ways and a car that was most likely going over the already high 45mph in that area could easily destroy a child in a car and surely would a child on a bike! $ should have went to fix the problem.$15 mill.a little much. But i don't have a child i'm sure when i do i will think that # is inadequate "

The Oracle says... wrote on May 29, 2008 1:39 AM:

" Very tragic for the kid and the family, however when does not looking both ways before crossing the street and getting plowed by a car, become someone else's fault? To all of you saying "pay" to the city, just remember...ITS YOUR MONEY they are paying it with. When the city cant install new wells, etc because of funding, OUR taxes go up. But alas, this is our country now....Nobody is at fault for anything...Its someone elses fault little johhny cant read, or got hit by a car. By the way, did the car owner get sued as well? Crap like this is pathetic and sad for all parties concerned. Kids are kids and dont look before riding/skating/walking into the road. So now we must pay when an accident happens due to THEIR negligence? Sheeesh "

Watchdog Fred wrote on May 29, 2008 1:40 AM:

" Joe Friday - that is what happens when you promote people above their own capabilities and what was the punishment for his non action, he is now the City Manager. This would not have happened in the Public Secotor and wouldn't have happened in the government sector anywhere but on Gary Misenheimer's watch. How much more proof do you need that he and his Deputy were promoted above their ability to function? Then you throw the lemon City Attorney in their and now the Key Stone Cops in Hanford City Government are complete. All we need now is Buster Keaton to come back to life and direct the movie. "

Why wrote on May 29, 2008 7:20 AM:

" This is no doubt a horrible tragedy but I fail to see how this is the City's fault. I know a study was done but studies don't replace common sense. We can't have a stop sign on every street corner because someone may make a bad decision. I live in the area of where the accident occured and I see those kids and they just dart across the street with no regard to the cars on the road. State law affords pedestrians the right of way at intersections whether or not a crosswalk is marked but murphys law goes to the 2,000 pound car going 45MPH and we all know that courtesy isn't in many peoples vocaulary today. I'm not being synical but common sense has to prevail, people have to take the time to look both ways and wait until it's safe to cross. Parents need to teach their kids to cross streets with caution, especially busy streets. I wish nothing but healing and coping for the child and family and I pray that someday medical technology may be able to make things better for him. For the record a painted crosswalk is a good idea. "

To W.O.W. wrote on May 29, 2008 7:29 AM:

" Yes the City is self insured, so the impact of this judgement will be taken out of the general fund monies and be translated down the pipe to ultimately impact the various departments and employees. PD is in desparate need of a new station and Fire already has two in the works with new staffing and engines needed for them. Public works is running short handed and the shop brarely has enough mechanics to steadily fall behind the workload. Make no mistake this judgement will affect the City and all it's employees. What a tragedy this event was, but a 14 year old should have known better than to challenge a car for road space. "

Lynne R wrote on May 29, 2008 7:56 AM:

" There is no logic with 45 mph zones within 1/2 mile of a school. No matter how fast you cross the road on a bike, helmet or not, following Barney the dinosaur rules of "look both ways before crossing the street", no one stands a chance of beating a moving mass of metal traveling at that speed. Factor in high fuel costs, there will be more pedestrians and bicyclists on our roads. It is our responsibility as travelers to be more aware of all those using our publically accessible and paid for roads. Driving is a privilege, not a right. Those like Oracle (sounding much like a city-decision maker) should keep that in mind when weighing in on this subject. Christopher deserved better, as do all of us that use our roads. Let's not let developers determine whether we need safe access for our kids to get to schools or our city to be safe. Let's demand safety. Demands for safety will be followed if they want their development to be built. WOW, what a concept! Peace be with the Chan family. No amount of money will repair the damage done... "

Justice wrote on May 29, 2008 9:03 AM:

" This is what is commonly referred to as Tombstone Technology. Fixing something only after someone has been killed or catastrophically injured. Perhaps the city will take the Ford Pinto approach and figure it is cheaper to pay lawsuits than it is to fix the road. "

cynic wrote on May 29, 2008 10:08 AM:

" It's not a "broadstroke generalization", Astounding. I work at Pioneer. Try going down 14th Ave. at 8:00 in the mornig and see what I mean. It's ridiculous. You might send your kids on the bus - but you are not the norm. And, my point was . . . a helmet, or crossing at the light could have made all the difference. "

Wake Up wrote on May 29, 2008 11:27 AM:

" I agree with the settlement, as a matter of fact no amount of money can ever replace the present life of this boy. As for the state mandate for stop signs, that comment was just dumb. The mandate was probably written in the early 1900's when people were still riding horses, bikes, and walking. City officials WAKE UP do something to help and protect your citizens. Afterall we are the ones paying your saleries. "

What wrote on May 29, 2008 11:45 AM:

" This is absolutely rediculous. I feel for the kid that got hurt, but break the law and get 15 million? Brain damage or not, take back the 15 million and write the kid a ticket for crossing outside of a crosswalk. Better yet, let him keep the 15 million and to whoever hit him, they should sue him for the damage he caused to their car and any mental suffering they may have sustained. "

Aware and shocked wrote on May 29, 2008 11:46 AM:

" I am soo thankful that the Chan family has taken such actions and are such advocates for their child.

To What..There is no 100% way to be completely safe all of the time. However, I think it's ridiculous for you to try to dismiss such a preventable situation. Other children have been nearly hit at this intersection before Chris was.
To those who are commenting about if he was/wasn't wearing a helmet. I agree safety and injuries can be avoided by wearing helmets. However, the speed/manner at which Chris was hit would not have been decreased/increased if he did or did not have a helmet. It was more about the severity of the accident.
I applaud the family for being such loving, supportive advocates for their child. I have hands on experience with them, and it was a true pleasure spending time and helping in Chris recovery process.
The shame in this story is how the city has neglected so many areas of town and that this might happen again, even after such lega actions.

Shame on Hanford being more concerned about train noise than child safety!! "

W.O.W. wrote on May 29, 2008 12:58 PM:

" To W.O.W. wrote on May 29:

In your opinion would you fix the blame on the department head who had been forewarned of this impending disasterous intersection but suggested that nothing be done? "

JRC wrote on May 29, 2008 3:25 PM:

" Did the driver of the vehicle that hit the child not have any liability here? "

Proud Dad wrote on May 29, 2008 6:25 PM:

" It is kind of hard to believe that a proper fitting helmet wouldn't have helped to reduce the injuries that this child suffered. We won't know for sure since it looks like he wasn't WEARING one. In regards to the city...hopefully this is a wake-up call for them. I am amazed at the streets in the residental areas that do not have stop or yield signs. A person that is out of town and not familar with the area may assume that they have the right of way and cause an accident. "

Former Pioneer Mom wrote on May 29, 2008 6:26 PM:

" A few weeks after that accident, I went to pick up my eighth grader at Pioneer. With the accident fresh in my mind, I carefully watched my speed limit and the children around me. As I approached the school, there were several Pioneer young men walking straight down the middle of the street right on the dashed line. I rolled down my window and told them to get out of the street and then notified the school. The school proceeded to take action and talk to the students about it. Hopefully, I saved those boys' lives and the City of another lawsuit. "

Watchdog Fred wrote on May 29, 2008 7:28 PM:

" To the Oracle - if the driver got sued his insurance company would just in turn bring a law suit against the city for knowing of this hazardous condition and not acting on it.
Gary Misenheimer was notified a problem existed he did nothing, he could have put a slower speed in the area, he could have added the corsswalk people so desperately wanted and even installed a stop sign. Any or all of those initiatives could also have prevented this from happening. So as far as the $15M the family got out of this, it could have been much more, over his lifetime with the rising costs of medical care this may not even be sufficient for his care. But the accident also must fall on Gary Misenheimer's shoulders for his investigation and determination that these events could not happen, therefor the necessity for the actions didn't exist. He should be held personally responsible for some of the cost in this matter and at the very least step down from his position as City Manager. What say you Mr. Misenheimer? "

Amazed wrote on May 29, 2008 8:57 PM:

" I am amazed and disappointed that the City settled this case. $15 million...for what? For a 14 year old boy who broke the law and crossed the street illegally, and was not wearing the REQUIRED safety gear? Nobody knows whether or not the helmet would have prevented these injuries. When the issue first arose, the City conducted the required studies for those types of streets, speed limits, etc. Following the California Office of Traffic Safety's guidelines, no controls were warranted. Now having said that, I have read that the City should have put in a crosswalk at this intersection. How many crosswalks are there in our town? Many! How often do you see school aged children use them? Rarely! Most people (children and adults alike) seem to think that those two painted line constitute some sort of forcefield, and that they can just walk out into traffic with impunity. I am sorry for the young man and his family, and pray that he recovers as best he can. However, I think that the parents and the driver are the parties at fault here, not the City. "

REAL wrote on May 29, 2008 9:45 PM:

" Why is the city paying for a mistake made by the little boy? I feel bad for him but the blame lies on the the parents. I too am a parent and I dont let my kids cross busy streets especially if i know they are hazardous. People today are just sue happy. "

wondering wrote on May 29, 2008 11:09 PM:

" Who are those "developers" who got the special favor and were spared the expense of installing a traffic signal? Could they be part of the "good old boys club" here? I know for a fact that they are. Their friends in the City saved them a few thousand but cost us a few million! "

Watchdog Fred wrote on May 30, 2008 2:46 AM:

" Had there been a crosswalk in place the accident may not have happened. However had there been a cross walk in place the driver would have been at fault and not the city. Sorry but in a crosswalk at least, the pedestrian, bike rider has the right of way. The boy and his family are paying a price in this case, it is my feelings it could have been 50 million had he been wearing a helmet and been in a cross walk.
I blame Mr. Misenheimer because he didn't do the very basic thing possible. He didn't reduce the speed limit in an area with complaints about being a danger to the community. People had already complained hence the investigation, what could it have cost to swtich out a 45 MPH sign with a 25 MPH sign, this would have at least showed some action was taken. The only thing in the immediate area is homes, can people be in that much of hurry to get home? Perhaps this is a prime location for a new traffic enforcement officers to patrol? Adults should practice child safety first. "

Hanford lawyers getting rich wrote on May 30, 2008 9:55 AM:

" The accident happened in 2005. After 3 long years, now the city settles for 15 M. All along, the firms representing the city were probably getting paid $400 an hour for legal fees. And then, after they have milked the system, they recommend to the city that this case is unwinnable and might as well settle or risk getting an even higher verdict. Gotta love the lawyers. Win or lose, they will always get their paychecks. I better tell my kids to wear their helmets, look both ways before crossing the street, and make sure you apply to law schools after college. LOL! "

Proud Dad wrote on May 30, 2008 10:54 AM:

" There are flashing crosswalks (solar powered models available also) ...when someone needs to cross they push a button and the yellow lights will start to flash... alerting drivers of a person in the crosswalk. If they do not have the money for a traffic light, put one of these systems in. "

Hmmmmmm wrote on May 30, 2008 11:40 AM:

" Why is it just the north side that thinks they are the only ones in this town that need crosswalks. There is not a school in Hanford that doesn't have safely issues due to lack of crosswalks. Isn't it us as parents who are suppose to be teaching our children to only cross where there is a crosswalk. So you have to walk an extra block to cross, then so be it. Kids and adults on bikes in this town are a complete disaster. They don't abide by laws and ride where and how they feel like. Even with bike lane on 10th Avenue with arrows pointing in the direction you should be riding they ride in the opposite direction. Kids with no helmets, kids hiking other kids on handlebars, we need a few good ticket writers for these people. Maybe a job for "Citizen's on Patrol". Make these offenders attend bike safety programs. I am amazed there are not more car vs bike accidents in this town and not just kid, adults are offenders just as often. Make parents responsible not tax payers. "

Hmm wrote on May 30, 2008 12:24 PM:

" Anyone who drives by the East campus High School knows that the kids actually dare us to hit them. The only space not occupied by students at times, is the cross walk. The fruit doesn't fall far from the tree however, has anyone experienced any of the parents picking these punks up? The parents are punks too. "

Aware and shocked wrote on May 30, 2008 12:46 PM:

" To Amazed... You are correct, nobody knows IF this wonderful young man were to have been wearing a helmet IF it would have helped to slightly reduce the severity of his injury.
However, it's pretty sad and pathetic to place all of the responsiblity on this young boy riding his bike in a poorly maintained, harmful traffic situation BECAUSE the city didn't wish to address it. Let's be real. This young man will never be the same and it not only is impacting him but his family too... and part of the community (the family's support system).
I may have a bit of a different insight because I do work with children after such horrible accidents. Bike helmets DO prevent and reduce injuries. However, your comment is like assuming that nobody will ever get hurt in a car accident as long as they wear a seatbelt. That's just not the case, speed, angle of being hit, and just the nature of the accident are also HUGE factors.
PLEASE, just stop and see a few other points before placing complete responsiblity on a child who has had his quality of life robbed. "

Proud Dad wrote on May 30, 2008 1:47 PM:

" It is the law to yield the right of way to a pedestrian in the crosswalk...this does not happen in the North side or the South side crosswalks. People seem to think it is an option to stop for someone that is apparently trying to cross the street in a crosswalk or an intersection, similar to the folks that think 25 mph school zones do not apply to them. "

W.O.W. wrote on May 30, 2008 2:07 PM:

" To whip out a calculator:

I wonder which law firm in Hanford, if they did, refer the parents to the Chase firm in Southern California an did that referral get a "piece" of the action. Or, is that client and attorney privilege? I find it hard to believe that the family randomly picked Chase. "

To Proud Dad wrote on May 30, 2008 2:55 PM:

" Just note. There's a flashing 25 mph sign near Lincoln, and people are speeding as if it wasn't there, and students are still crossing without looking and not wearing helments. "

Mag wrote on May 30, 2008 3:54 PM:

" In general, do kids know or ever get training that bike riders have to follow the same traffic laws as cars? That includes stopping at stop signs, not weaving around curbs, cars, and signs, and the common sense of defensive driving. Cars are bigger than bikes, so do what you have to do to avoid being hit when you can by looking each way more than once before proceeding. When I was a little kid I remember a police officer talking to all the kids in my school about this stuff. But here it seems no one has a clue about bike rules. "

Proud Dad wrote on May 30, 2008 4:22 PM:

" To Mag: In my town when I was a kid you had to go through training in order to get your bike registered. The Sheriff Dept also vigorously ticketed kids that did not obey rules of the road. This is when the majority of kids rode bikes though. It doesn't seem like even half the kids ride bikes now in comprasion to just a few years back. "

Long Time Resident wrote on May 30, 2008 4:32 PM:

" Paint is relatively cheap. Why don't we just paint our own crosswalks? Two straight lines shouldn't be too difficult! I'll volunteer. "

Bobb wrote on May 30, 2008 6:18 PM:

" To Proud Dad- Not a bad idea, have a training class and liscense fir bike riders. For the younger ones the class can be taught at school. After passing the class and test the student could be issued a Bike Liscense. This may help kids understand more about bike saftey and the consuquences of not having the proper gear or the bike saftey laws. Just a though. To ride a motorcycle it requires a special liscense and passing a written and riding test. This may lead to more awareness. "

The bottom line wrote on May 30, 2008 7:32 PM:

" The Cit of Hanford knew children of all ages were crossing this intersection. They were on notice that this intersection was dangerous and that there were numerous close calls. The City made a conscious decision not to install crosswalks, stop signs, flashing signs, or anything that would imply they cared. They allowed all the housing developments, they share in all the fees and tax money from these housing developments, and yes they do have a duty to do more than sit on their #$@ and get paid. Remember this was a settlement, just think how much the City could have owed if it went to trial and the evidence of their knowledge and lack of response came out. $15 million may be cheap. Just wondering, any consequences for our lovely City employees whose inaction created this liability for the City??? "

DaTruth wrote on May 30, 2008 8:11 PM:

" My heart goes out to this little guys family... but come on, is this accident the City's fault, I think not! I bet the traffic accident report did not put the City of Hanford at fault. Kids of all ages are taught to cross the street at cross walks. So now the tax payers of Hanford have to pay up $15 million because this kid tried to (illegally) cross a busy road outside of a controlled intersection? These type of lawsuits are ruining America and making us so law happy we cant even sneeze in public without being in violation of something. Self responsibility has to come into the picture somewhere... Yet, jury's continue to award ridiculous rewards in these lawsuits. People are not held accountable today, and it is hurting us all... "

mom wrote on May 30, 2008 9:35 PM:

" come on moms & dads get out there like old school and hold up a stop sign so your children can cross the streets safely....this is a joke right? 15 million? wow! "

Watchdog Fred wrote on May 31, 2008 7:12 AM:

" I quote Brian Chase - "This wouldn't have happened if the Elected Officials of Hanford were doing their jobs ensuring public safety". How more profound a statement can you have in this case. "The city officials at the time said a PREVIOUS STUDY 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 llth avenue was also an issue, but officials said that was based on a traffic study".

In otherwords it didn't matter about the citizen complaints before them, it didn't matter that the public using that area sounded the alarm. Once again our City Council chose to ignore us and use there own sound judgement that in the end resulted in an almost fatal accident and a loss of $15M of taxpayers money for their WRONG DECISION!

What all knowing wise official made this determination and presented it to the City Council? None other than the infamous Public Safety Manager Gary Misenheimer, who is now the City Manager. I rest my case. "

Watchdog Fred wrote on May 31, 2008 7:22 AM:

" How does this City Council and their appointed puppets manage to sleep at night? It isn't the Train Horns that should be keeping them up, it is there own incompetent behavior respresenting this city.

If this doesn't lead to the firing of Gary Misenheimer, then I don't know what should? A $15M loss of resvenue for Police, Fire and Public Safety lost by the incmpetent former Public Safety Manager. Seems Mr. Misenherimer forgot that middle part of his duties "SAFETY", when he made this comprehensible, sound decision to do nothing. Had he at the very minium reduced the speed limit in that area, it would have shown steps were taken to correct the problem, but once again the enlightened City Manager chose to do nothing.

Where was the new City Attorney on this one, hiding in the corner because he knew with Misenheimers inaction he didn't have a leg to stand on for a defense?

Now do any of the Clingons who support these morons want to change your opinions yet? These rats are gonna end up sinking our entire ship called Hanford, if you the voting public allow it to continue. "

Watchdog Fred wrote on May 31, 2008 7:32 AM:

" I wonder what solice Christopher Chan felt knowing the Public Safety Manager chose to follow state guidelines on safety instead of listening to the public outcry for help?

We have a 14 year old Hanford resident who can't go on to College, can't go on to be City Manager, can't go on to be Senator of the State of California, can't go on to become even Govenor of our great state do to a preventable accident. Christopher Chan's hopes and dreams of becoming a success have ended.

A preventable accident I hold the adults making a decision to do nothing more accountable than I hold the little boy rushing home from school on his bicycle.

The driver of that car must be devistated and wondering why wasn't there a reduced speed, why wasn't there at the very least a stop sign, crosswalk something that through safety could have prevented this awful accident. Citizens put yourself in that driver's seat and tell me you side on this with Gary Misenheimer.

How many other mistakes have been covered up? "

The Oracle says.. wrote on May 31, 2008 9:44 AM:

" ..again, this is a very tragic thing. However for all of you who believe that someone has to pay for anothers negligence, may I suggest that the 15 Million come out of your taxes, not mine. Why is everything a "communist plot" with you people? The kid did what kids do...run out in the street without looking, skateboard, bicycle, etcc because they are KIDS. So when something bad happens, it cant be their fault, it has to be someone elses. When a lady spills hot coffee in her lap, she sues; a kid get hit by a car so we sue Oh not the car/driver, but the city, beause I guess the city manager should have been dressed in orange and working as a crossing guard as well. Is there nobody sane left in this world? Nobody is accountable for anything anymore...Its all someone elses fault, so lets sue for it and maybe we can hit the lottery too. This 15 million is coming out of OUR pockets people...It just doesnt appear out of thin air. Hope you like your higher water bills "

To WatchDog Fred wrote on May 31, 2008 10:08 AM:

" Hmmmmmm, I thought we all knew that anytime we are going to and from someplace where there is a school nearby and children going to and from that school you are suppose to reduce your speed to 25mph. Just because it is posted 45, doesn't mean you drive 45 when children are present. Come on, we as drivers are suppose to take some repsonsibilty in knowing the laws. I didn't get my drivers license out of a comic book. There are children all over this town who cross on their way to school in an unsafe fashion. They cross 10th Avenue a busy 4 lane at any place they seem to chose. Most do not use the proper crossing areas. This goes for the adult students too of a local cosmotology school. Try Douty Street by HHS, they cross all over the place or walk down the middle daring you to hit them. Or the parents who stop at stoplights and let their children out in the middle of traffic. Come on all the blame doesn't go to the city, Blame the parents and Kids too! No RESPECT! "

W.O.W. wrote on May 31, 2008 2:51 PM:

" Just Wondering Wrote: Who were those "good old boy" developers? After checking the records of ownership at the County the property was/is owned by Professional Associates. I don't know who they are but you can bet they are part of the "Club". "

Paul wrote on May 31, 2008 9:02 PM:

" Maybe he should of had his helmet on his head and not his handle bars. "

Watchdog Fred wrote on Jun 1, 2008 6:29 AM:

" To Oracle - I might be a little more apt to lean to your argument had not the City Manager and the city of Hanford been forwarned about this possible accident waiting to happen. Then when warned did not proceed with any action whatsoever than to decide to take no action. Had the 45MPH sign been replaced with a 25MPH sign at the very least the attorney representing the city could have point to action taken. But Mr. Miesenheimer's failure to heed the warning presented to him, is the reason Hanford settled out of court for $15M, what was the attorney suppose to argue. Oh but the action Mr. Misenheimer deemed not necessary wasn't taken because he determined an accident there couldn't happen? Well guess what it did which resulted in a boys lifetime of medical care, if it were your child hit in the intersection and the treatment was coming out of your pocket would you still feel the same way Oracle. The city and Mr. Misenheimer were warned it has been admitted to by him that because of a PREVIOUS STUDY no action was taken. PREVIOUS STUDY! (cont.) "

Watchdog Fred wrote on Jun 1, 2008 6:33 AM:

" To Oracle - PREVIOUS STUDY suggests to me that when the complaints came in to City Hall, Mr Misenheimer didn't even take the opportunity to go out and do his own study again and consider changing his original finding. Did he not want to put on his orange vest that day and wonder out to this dangerous intersection and take a chance of getting injured? Did he fail to do his job because of some study and therefore a child ends up in a devistating accident? How can you not call that malfeasance and an uncaring man who would rather see a child hurt the city sued as long as he doesn't have to reverse his decision based on a PREVIOUS STUDY! Furthermore, it has been stated that the builder should have been responsible for putting a crosswalk in at that location. So who allowed them not to put it in, wouldn't that once again been the see all know all Public Safety Manager at the time, Gary Misenheimer? How can you not see why the city is at fault in this one. Had they not been warned numerous times and done nothing! "

Watchdog Fred wrote on Jun 1, 2008 6:40 AM:

" To Oracle - in your line of work, if a civilian warns you that an event may occur do you take no action? I hardly think so, reports are written, calls are answered on a daily basis just so you and other officers can cover their own butts and the department you work for, had Misenheimer done the same thing this law suit would not have been possible. So if you want to get ticked over the $15M you need to blame the non-acting Public Safety Manager not the child?
You stated yourself the boy did exactly what kids do everyday, if you had that knowledge so should Mr. Misenheimer and that alone should have been his call to duty to do something to prevent accidents at that crossing. So what do we do Oracle look at the Chan family and say gee I am sorry we didn't do anything to protect your child and the medical is on you? The boy forgot to put his helmet on, have you ever in the course of what you do forgot to take a safety measure and then realized later you put yourself in jeopardy? "

Watchdog Fred wrote on Jun 1, 2008 6:50 AM:

" To Oracle - I beg to differ on this one with you Oracle, it isn't about the $15M in my eyes it is about a complacent Public Safety Manager who did not do his job based on PREVIOUS STUDIES, don't go out and see if anything has changed, just let it stand. The man should have been fired for not doing his job and instead is now the City Manager with even more important decisions to make. However, to the Chan family I would suggest there will never be a more important decision he could have made but to take action on this, and he chose not to.

Now ask yourself what do you think the Chans would rather have $15M and lifetime of caring for Chris as a six year old when he was fourteen at the time of the accident, or their vibrant, intelligent son back at a learning capacity of fourteen years? That should be a no brainer!

So don't be so quick to blame a child for the decision an adult city employee made regarding his safety that day! You want to blame look at your City Manager! "

Watchdog Fred wrote on Jun 1, 2008 9:03 AM:

" To All You Monday Night Armchair Quarterbacks,
You can blame Christopher Chan, you can blame the driver, you can blame Christopher's parents. But the blame really lays in the lap of a City Employee who in his infinite wisdom and limited edcuation put the life and happiness of a 14 year old child on the back burner so he could point to statistics and a study that who knows who made and as a result of this study deicded to take no action at all. Hence the city is culpable and responsible to the tune of $15M. Had this gone to court it might have been $50M Mr. Misenheimer gave no action therefore the city had no defense in the case, what are you people not understanding about that? When a city official is put on notice of a dangerous condition and takes no action other than to do what he had done all along which was to ignore the citizens complaints the city is held accountable. He is the city representative acting/not acting on behalf of the City of Hanford is he not? Gary Misenheimer should resign his position as City Manager. "

Watchdog Fred wrote on Jun 1, 2008 9:12 AM:

" Oracle - let me try explaining it in this manner. An old traffic study was pointed to in this case over and over again. You know as well as I do, when a new subdivision is built prior to all the homes being sold there will be less traffic. Over time as the houses are filled with people the traffic is going to increase. Now doesn't it hold that along with that increase and complaints from citizens that a new traffic study would be needed to make a decision on the current status on that roadway? This was not done, the traffic study where they lay a wire across the road was done prior to the sub division filling up. Therefore it was less traffic and less need for the changes. Mr. Misenheimer should have ordered a new study based on the increase, did he even travel to the roadway to do an observation, and did he go when school was being let out? Even had he gone it still takes a new traffic study to determine the change. You can't always visually detect it. "

Watchdog Fred wrote on Jun 1, 2008 9:18 AM:

" Oracle - traffic is a complicated system, that is why Policemen use radar to detect speeders and write them a ticket. That's why they lay those cables across the roadway to determine traffic useage. That's why cities make constant revisions on traffic speed limits do to these findings. But if you use outdated old information of course the need is not going to change. Don't you think the cost of a new traffic study would have been significantly less than $15M? O.K. now this is Mr. Misenheimer as the Public Safety Manager and his decision process, what other very important decisions might he have to make as City Manager that hold even a larger impact for the city of Hanford. The City Council relied on him to be honest in evaluating this problem and on the surface looked like he was, but was he, did he do his job to the best of a Public Safety Manager's ability? I for one do not think so, and had he, Christopher Chan would soon be going to High School instead of twenty-four hour medical care. "

Watchdog Fred wrote on Jun 1, 2008 9:31 AM:

" To Oracle - City Manager fudges his contract and is prosecuted, another fudges his moving expenses and chooses a company he is more comfortable with and is prosecuted.
But then the latest City Manager while holding another position results in a loss of a $15M law suit and he is promoted. Where is the justice in this Oracle. You say a crime is a crime well isn't losing a city $15 Million a crime? This is higher than Reynolds or Christensen's cases.
They get prosecuted and Misenheimer is promoted to City Manager, go figure! To bad Christensen didn't figure out if he would have had Bob Dowd on his side he wouldn't have ever been charged?
Well try and discredit what I say but the crux of the argument still remains. There is something wrong about our city government and how it works and the players are all the same, all the way through. You can accuse me of spreading a little jelly on the toast from time to time, but that doesn't keep the toast from being burnt.
Observe the City Council, City Attorney/Manager Deputy City Mgr. & learn. "

Take Responsibiltiy wrote on Jun 1, 2008 10:59 AM:

" I agree with "Amazed" and "The Oracle".
I am very sorry for the family and the child but he wasn't a baby. As someone stated he was a 'bright' FOURTEEN year old boy. MAYBE the city should have had a crosswalk there or close by and MAYBE he would have used it but he DIDN"T have a helmet on and it sounds like he didn't look before crossing so what makes everyone so sure that a cross walk would have changed the outcome? Why are the city AND the taxpayers responsible? I see kids cross 'illegally' all the time, try driving on Douty right after school lets out, it's a nightmare! There are MANY kids crossing where their not suppose to and they'll walk right out in front of you, almost daring you to hit them! Again, my sympathies to the family, I'm sorry the boy was so severely injured but he was 14 and kids do it all the time, the city and taxpayers shouldn't be held responsible for it. "

Hmmmmmm wrote on Jun 1, 2008 11:02 AM:

" To WatchDog Fred, dude chill you are taking this whole thing as a vendetta against Mr. M. I don't personally like all the BS that goes on at City Hall either but as far as I am concerned this intersection is no different from any other of our unsafe crossings at any other school. So from now on if any kid gets hit to and from school we get to sue the city cause they didn't put in cross walks at every corner. Please, this isn't any different than any other crossing. If he was breaking the law he was breaking the law. We can't go around blaming someone everytime something goes wrong. If the parent was so concerned why did they not escort him crossing the street. Why was he not taught to go down and cross safely at the crosswalk with the stoplight. Why do the parents not get crossing guards to volunteer time to get kids across safely. You see them at McCarthy school why should public school be any different. Kids dash out in front of all the time, not just at that intersection. "

To Watchdog Fred wrote on Jun 1, 2008 6:31 PM:

" Your argument doesn't hold with me. Again, there is a FLASHING 25 mph sign near Lincoln School. A student ran across the street without looking both ways, and a person hit him with his car. I drove by Monroe after this article came out. Again, a flashing 25 mph sign, crosswalks in several places, and children running across the street...and of course...not in a crosswalk. "

Watchdog Fred wrote on Jun 1, 2008 8:39 PM:

" To Paul yeah you are right, and maybe John F. Kennedy should have had the bullet proof top on his Lincoln Limo the day he was assassinated too! You can do all the what if's and blame game you want on that little boy but the decision to do nothing was compliments of the Public Safety Manager, your new City Manager.

What next you gonna blame the Chan's because they didn't have a safety bubble around Christopher to prevent him being injured. People don't put on seat belts and are ejected from cars, but it is a law to wear a seat belt. We had a Police Officer involved in a pursuit that wasn't wearing his seatbelt, was ejected into a field, do you want to deny his medical bills because of it? Who's to say that helmet would have been any protection what so ever, they are made of plastic. Common sense people, common sense I hardly think that Christopher Chan thought to himself I am going to ride my bicycle in front of a car causing myself sever brain damage, just for the fun of it. How crass. "

Watchdog Fred wrote on Jun 1, 2008 8:40 PM:

" To Paul yeah you are right, and maybe John F. Kennedy should have had the bullet proof top on his Lincoln Limo the day he was assassinated too! You can do all the what if's and blame game you want on that little boy but the decision to do nothing was compliments of the Public Safety Manager, your new City Manager.

What next you gonna blame the Chan's because they didn't have a safety bubble around Christopher to prevent him being injured. People don't put on seat belts and are ejected from cars, but it is a law to wear a seat belt. We had a Police Officer involved in a pursuit that wasn't wearing his seatbelt, was ejected into a field, do you want to deny his medical bills because of it? Who's to say that helmet would have been any protection what so ever, they are made of plastic. Common sense people, common sense I hardly think that Christopher Chan thought to himself I am going to ride my bicycle in front of a car causing myself severe brain damage, just for the fun of it. How crass. "

Watchdog Fred wrote on Jun 1, 2008 8:49 PM:

" To Hmmmmmm, To Take Responsibiity, To Watchdog Fred, o.k. then let's take the medical coverage away from the Police Officer involved in the high pursuit who wrecked at Davis and llth Avenue because he wasn't wearing his seatbelt. Is it not a law to wear your seat belt, do you not remember click it or ticket? That Officer was not following the laws of the road by driving without a seatbelt, I don't care how many excuses Chief Mestas offers, you talk to other law enforcement people and they say that is bologna. It is not impossible to wear the Police Gear and wear a Seat Belt too, they all do it all the time. The vehicles were not stopped and a foot pursuit was about to happen, all people concerned were injured and couldn't have participated in a foot chase. Why wasn't his seatbelt on, why should the city be responsible? He was in violation of the law just like Christopher Chan was only he survived without brain damage. Thank God. If you are gong to apply your reasoning to the argument then you must apply it to all concerned. "

Watchdog Fred wrote on Jun 1, 2008 8:57 PM:

" To Hmmmmmm, To Take Responsibiity, To Watchdog Fred, when it is a law enforcement officer involved everyone feels compassion. You are all just torked because of the $15M settlement. Not the fact he wasn't wearing a helmet. Not the fact he rode his bike in the path of a driver. If there was a flashing 25MPH sign why wasn't the driver ticketed? Why then was the lawsuit not against the driver's insurance company instead of the city. Say what you will but Christopher Chan told you in the above comment why the city lost the lawsuit. "This wouldn't have happened if the elected officials of Hanford were doing their jobs by ensuring public safety". Who was responsible for that safety if not the Public Safety Manager? O.K. throw in the entire elected officials too, that is o.k. with me. "Such a tragedy, that a brain injury has robbed Christopher Chan of a self-sufficient productive life". That would have been the closing argument in this lawyers trial and the people of Hanford would have been much more generous and that is why the city agreed to settle. "

Watchdog Fred wrote on Jun 1, 2008 9:04 PM:

" To Hmmmmmm, To Take Responsibiity, To Watchdog Fred, I invite you all to for one moment put yourself in the place of Christopher Chan's parents. Tell me how you would have felt if that was your loving child suffering and losing 8 years of brain capacity through such a preventable accident. Imagine the bills racking up and coming in the mail to you for 24hr/7day a week medical care for your son/daughter? How would you pay it, how would there be money left for the rest of the family to survive after attempting to pay the medical costs? It's easy to point fingers and lay blame on a child who is no longer capable of being self-sufficient and be able to participate in a productive life. He doesn't have the capacity to speak to each of you and tell you what he would give to be healthy, happy, productive and capable of a self-sufficient life again. That rests squarely on Mr. Misenheimer's shoulders and no one else's he made the decision now let him suffer the consequences and quit blaming a defenseless child, for his ignorance. "

Watchdog Fred wrote on Jun 1, 2008 9:16 PM:

" To Hmmmmmm, this response is directed at you, you made the comment. I quote "this intersection is no different than any other of OUR UNSAFE CROSSINGS at any of our schools". You just stated my argument, this isn't the only intersection that is unsafe, your word, who was in charge of all those unsafe intersections? Mr. Misenheimer, was and your argument doesn't hold water because you have now confirmed exactly what I have been saying all along. Mr. Misenheimer has established a pattern of possible $15M lawsuits throughout our community. By establishing a pattern of unsafe conditions at many of, if not all of our schools. Because others are unsafe does not rule out the cities respnsibility for each one. Think about your comment, think about that statement? You have conceded that a pattern of unsafe conditions is rampant throughout the city. How does that defend Mr. Misenheimer's position, if anything it establishes exactly what I've said all along? He wasn't qualified for that position he certainly is not qualified for City Manager. Would you be telling me to chill if this was your child? "

Watchdog Fred wrote on Jun 1, 2008 9:24 PM:

" To Watchdog Fred Wrote on June 1, 2008 at 8:31 PM.
Was the flashing light there years ago when the child was hit on the bicycle? Can you confirm that, no you can't because this flashing light was more than likely in response to the law suit. When Mr. Misenheimer and the City Officials were skittering around trying to cover their own butts. If the flashing 25MPH sign was there the driver would have been cited and their insurance would have paid the law suit not the city of Hanford. The city would not have been so willing to fork out $15M if they knew they were not in the wrong. They conceded responsibility by merely settling this claim for $15,000,000.00 cities don't give away money when they are in the right. I'm sure they have a standard statement that says they aren't responsible but they give out that much money at the blink of an eye and feel lucky to have settled it that cheaply. That in my eye is accepting responsibility. In effect the City conceded no contest in this settlement. That shows guilt. "

Watchdog Fred wrote on Jun 1, 2008 9:30 PM:

" To Oracle, you find Chrisensen guilty as sin when he concedes his case. The city of Hanford does basically the same thing in the settlement of this case and you find them not guilty. Why the conflict, in settling it, they admit we are conceding now because if this goes to court it could be millions and millions of dollars more. City governments do not traditionally give up large sums of money when the are in the right on a lawsuit? Get over it, you'll take Christensens $1,000.00 but don't want to pay $15,000,000.00 out of the taxpayers pocket, why not? It's principle right, a crime is a crime is it not, that is what you say, so if they settle or concede it demonstrates a guilt, correct? Or do you have a different standard when it isn't Christensen and his very minor crime than the cities great big crime which cost 150,000 times more money? You can't have it both ways, guilty or innocent, responsible or not responsible. The city took no action and got caught. Who was responsible for that non action? "

Steven H wrote on Jun 2, 2008 9:35 PM:

" Enough of putting something "Hmmmm" or "city's fault", put your own name where it says NAME. This is all starting to sound like the stupid high school kids board where they talk all bad but can't leave their name "

Paul wrote on Jun 3, 2008 7:58 PM:

" To Watchdog Fred maybe it the parents are at fault for not teaching him to wear his helmet, can the city file a lawsuit agents the parents? "

just saying wrote on Jun 4, 2008 10:24 AM:

" It is a sad thing when any child or adult gets hurt. But for the love of it, regardless of cross walks, police on every corner or stop signs everywhere, kids, and adults alike will cross the street without looking, see a cross walk and not use it because it is another 10 feet away from where they want to be. Mothers dragging their kids through the middle of the street running so they dont get hit. The parents need to teach their children the proper way of crossing the street, drivers need to slow down and pay attention more ( always think it could of been your kid that was hit) Slow down in neighborhoods, kids like to play outside, adults/parents need to take the responsibility to teach and set by example. Get your heads out of the sky and PAY ATTENTION one and all!! "

Watchdog Fred wrote on Jun 4, 2008 11:29 AM:

" To Paul,
Brilliant deduction wonder how many times the parents have beat their own heads against the wall beating one another up blaming themselves for what happened to their son.
Does that change the outcome of the trial no, does that change the outcome of 24/7 medical care, no.
But wonder how they feel when they drive by and see still no crosswalk still no action from the city officials.
You know the injured party is the one who suffers, you can't look at a persons face and determine that amount of suffering, but I would say that when they require 24/7 medical treatment they are just about maxed on the suffering scale. What price would you put on being brain damaged, non productive existence the rest of your life and reverted back to age 6 years old? What do you think all that damage is worth Paul regardless of who is at fault or why?
They use the term victim for a reason Paul, and in this case the shoe fits.
Can't believe the bubble you must live in and the blame you must place on your own parents. "

Watchdog Fred wrote on Jun 4, 2008 1:52 PM:

" To Paul - third attempt at an answer to your question - don't you think that the parents in this instance have suffered enough? Do you need to lamb baste them in the Hanford Sentinel Blog as well.
I can tell you from my experience working in the medical field and as a patient, the parents are not pocketing money out of this settlement. In fact it will be a miracle if sufficient funds last until their demise much less their sons.
With the high cost of services for medical treatment that money could be used up in a matter of twenty or less years, so who is suffering the overall term of this accident?
The attorney on either side City Council, City Manager all go on about their lives and conduct business as usual. The one who does not and will not ever is Christopher Chan, who could have been a Policeman, Fireman, Chemist, Doctor, Dentist, Politician we will never know the goals he may have achieved because of this accident his contribution to society is directly effected. He might have been the surgeon with a cure for cancer and now it is delayed. "

Paul wrote on Jun 5, 2008 12:46 PM:

" Watchdog Fred But why is it so easy to blame the city for the choice HE made, Oh but every thing that goes wrong is the city’s fault. Oh it’s not but the have the deep pockets. "

Watchdog Fred wrote on Jun 5, 2008 6:05 PM:

" To Paul,
Why blame the city, because had the city taken action, put in a crosswalk, stop sign or signal light then this accident probably never would have happened. But since nothing was done then it is something HE did and that He is none other than the Ctiy Manager Gary Misenheimer. When the good citizens come before the Council members with a complaint and no action is taken or the city thinks it is cost prohibitive, then this is the expected out come of the that inaction. If this was not done purely for money reasons, how bad does that reflect on Mr. Misenheimer's judgement? Like the Fram commercial says pay me now or pay me later? How expensive can a traffic light be, stop sign or crosswalk, certainly not $15 Million with an M dollars to construct. Had any of this done an arguable case could have taken place, but the inaction of one person has resulted in $15,000,000.00 divided by 50,000 people. When you don't take action then action is taken against you? Clear cut case of today and how it works in the court system. "

Watchdog Fred wrote on Jun 5, 2008 6:20 PM:

" To Paul,
Don't be angry that the city is being held responsible be angry that the decision maker Gary Misenheimer not only was not been held responsible but has since been promoted to City Manager. A position where the decisions get tougher and the law suits more expensive. For his ill-fated decision of taking no action he is rewarded with more prestige, money & power. Only in Hanford, Califonria is that possible.

I wonder if the City Council Jerry Springer was a part of operated anything like ours does? Probably not he went on to fame and fortune.

Hanford has so much to offer and yet a select little group contain what's available to an even more select very few of their friends and the limit stops there. Imagine what a full cooperative City Council could accomplish if they listened to the local population instead of investors from out of the area looking to make a buck? They fall for any pea shell game that comes down the pike and who usually ends up paying for it, the taxpayers. IE., Wal~mart, Cheese Plant, Ethanol Plant, Million Dollar Sports Facility? "

Aware and shocked wrote on Jun 20, 2008 1:05 PM:

" OK PEOPLE !! Let's please stop and have some empathy and a bit of compassion along with our reality check!!

To those of you who repeatedly keep trying to blame this accident on the child. Please stop and listen to reality. The comments about it could have been prevented if he had a helmet on are so 'simple-minded'.

That's like saying if someone has a seatbelt on then they will be all fine and perfect too. Even if their accident is in a area that has previously been viewed as unsafe and a hazard by many, many complaints to the city.

Reality is there is alot more to an accident than wearing a belt or helmet.

The speed, intensity,angle, and force of impact are just a few. PLEASE know that even IF he was wearing a helmet his injuries wouldn't be different. These are facts, not opinions as many of you quickly post without regard!!

It's just sad to put such blame and liability on a child who's future was robbed. Where is empathy for this child's loving and supportive family? "

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