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Escambia County Settles Lawsuit Over 2009 Traffic Accident In Century
January 9, 2015
The Escambia County Commission voted Thursday night to settle a lawsuit over a 2009 traffic accident in Century by paying $60,000. Plaintiff Jessica Imholz, who was 17 at the time, was a passenger in a Nissan that ran a stop sign at Old Flomaton Road and East Highway 4 as was t-boned by a pickup.
Imholz and her parents, Mark and Jessica, filed suit in 2011 against several parties – including Escambia County, the Florida Department of Transportation and the Town of Century — claiming the parties were negligent and knew the intersection lacked properly visible signage and was dangerous. The Town of Century was later dismissed from the suit.
The accident happened about 4:30 p.m. on November 20, 2009, when the driver of the Nissan, Ryan D. Rodarte, 23, of Madison, AL, ran a stop sign at the end of Old Flomaton Road and traveled into the path of a pickup traveling east on Highway 4. The force of the impact sent the car about 85 feet into a nearby ditch.
Rodarte and and three passengers in the car were transported by ambulance to Jay Hospital. The Florida Highway Patrol identified the passengers as Jessica J. Imholz, 17, of Blythewood, SC; Demario Jordain, 18, of Columbia, SC; and Heather Dorner, 19, of Madison, AL. Imholz’s injuries were classified as severe at the time of the crash; she was later transferred by LifeFlight from Jay Hospital to Baptist Hospital in Pensacola.
Pictured above: Four people including then 17-year Jessica Imholz, were injured in the this Nissan in a two vehicle accident late in the afternoon of November 20, 2009, in Century. Pictured below: The driver of this GMC truck was not injured. NorthEscambia.com file photos, click to enlarge.
Comments
12 Responses to “Escambia County Settles Lawsuit Over 2009 Traffic Accident In Century”
regarding:
“WHO’S SAY THEY DID NOT STOP JUST AS MY LOVE ONE ALSO MAY HAVE STOPPED LOOKED TO THE EAST AND WEST AND BY THE OVER GROTH NOT SEEN THE TRUCK THAT HIT HER MR GREEN INSTEAD OF MAKING STATEMENTS LIKE WAS THE SIGN INVISABLE SURLEY AT YOU AGE AND DRIVING EXPERIENCE YOU UNDERSTAND RESPONSIBILITY ”
You hurt my feelings when you yell at me.
As to “who’s to say they didn’t stop?”, the article says that. I believe it is accurate unless I know otherwise.
“Invisible” could be due to weeds blocking it from sight or trucks parked in front of it or debris piled up in front of it. I’m not talking invisibility rays.
“Missing” could be due to trucks knocking it down or kids stealing it.
Sorry about your loss.
It looks like our beloved William could add the picture which would clear up the question. I’m not assuming I know the answer when I ask a question.
David for details
@ Jeeperman–while the county can be self insured, you can bet they were advised by the counties lawyer to cut a deal on this. Going to civil trial is at best very risky when it comes to dollars and cents.
AS SOME WHO HAS LOST A VERY DEAR LOVE ONE AT THIS SAME LOCATION DUE TO THE OVER GROTH AT THIS INTERSECTION THE SIGN BEEING BLOCKED AS WELL AS THE VEW BACK TO THE WEST WAS SOMEWHAT IMPAIRED SO WHO’S SAY THEY DID NOT STOP JUST AS MY LOVE ONE ALSO MAY HAVE STOPPED LOOKED TO THE EAST AND WEST AND BY THE OVER GROTH NOT SEEN THE TRUCK THAT HIT HER MR GREEN INSTEAD OF MAKING STATEMENTS LIKE WAS THE SIGN INVISABLE SURLEY AT YOU AGE AND DRIVING EXPERIENCE YOU UNDERSTAND RESPONSIBILITY AND PUBLIC SAFTEY EVEN AFTER ALL THE DEATHS AT THIS LOCATION THIS INTERSECTION WAS NOT CUT BOTH THE COUNTY AND A PRIVATE PROPERTY OWENER WAS NEGLIGENCE THIS WAS ONLY PROPERLY CLEARED WHEN WAYNE HENDERSON TOOK HIS BULLDOZIER AND PUSHED ALL THE DEBRI THAT WAS THERE AND CLEANED THAT INTERSECTION WAS IT HIS RESPONSIBILITY THE LOVE ONE WAS HIS WIFE MY RENEE HEDERSON FOR EVERY REST IN PEACE. THANK YOU WILLIAM FOR ALL YOU DO
I believe the county is self insured.
That is why the BOCC had to vote to approve the 60k.
If a defendants insurance company is involved and wants to settle out of court, the defendant usually has to go along with the settlement decision.
I believe part of the claim included allegations that weeds and/or overgrowth around the intersection prevented proper visibility and obscured the sign.
Our photographs of the scene were obtained by the county for use in their defense, and our news story was also used as evidence.
The case has dragged on for years with a lot of activity amongst the various parties.
David, if you’ve gone through an intersection about 4,738 times (give or take 598), wouldn’t you at some point know that you are supposed to stop there?
Not saying that’s the case, but if the sign had fallen off the post, been bent sideways by the wind, or covered with overgrowth temporarily, would you particularly take notice? There are a couple of stop signs as I leave my neighborhood that I probably haven’t looked at in years. I just know to stop there because I have always stopped there.
All that being said, a girl was badly hurt while riding as a passenger in a car. I don’t know who is at fault, but it probably isn’t her. Looking at the type of activity on the clerk of the court website, it appears there is at least some merit to this case.
REGARDING:
“the intersection lacked properly visible signage and was dangerous.”
“What’s not to understand?”
Not the words.
I struggled but figured out the big words.
How they applied to the reality of the situation.
Unless the sign was missing, it SHOULD have been properly visible.
The approach gives plenty of time to see and respond to obey and stop.
After stopping, you can see a long way in both directions.
So THAT is the source of my confusion.
I’ve gone through it 4,738 times (give or take 598) and have never had a problem.
David for clarification
@ David: I feel the same way. Some times the county insurance co. feels it will cost less to pay some and not go to court and have to pay lawyers fees. Ask any LEO how it feels when they are sued for doing their job and have the insurance co. settle the case for just a few dollars. It a faulty system at best. there are lawyers who will take almost any case and settle for almost nothing and then take most of that as their fee. The person who is suing gets very little, but for them it’s all profit.
“the intersection lacked properly visible signage and was dangerous.”
What’s not to understand
C.H. for reading comprehension
As stupid as this sounds seeing as they ran a stop sign, but if you all knew how lousy the county lawyers are, you would understand that is cheaper for them to settle now.
CONSIDERING:
“The accident happened about 4:30 p.m. on November 20, 2009, when the driver …. ran a stop sign at the end of Old Flomaton Road and traveled into the path of a pickup traveling east on Highway 4. The force of the impact sent the car about 85 feet into a nearby ditch.”
They ran a visible STOP sign or an invisible one?
Was it missing?
What had Escambia County and FDOT done wrong?
David for safe driving
Precedent not precedence.
I wonder if the local/state governing bodies and agencies know of any other dangerous areas, that for whatever reason they have yet to take corrective action, leaving the doors open for come what may?