EVERETT — Lawyers for the city of Everett failed to convince a judge on Friday to toss out a lawsuit that in part blames faulty road design for a drunken crash that killed two people and injured two others in 2010.
The lawsuit alleges that Old Broadway near the north end of the Evergreen Cemetery is “unreasonably dangerous,” and has been the site of nearly two dozen crashes since 2001. The city has failed to install adequate traffic control devices, according to the lawsuit filed in 2013 in Snohomish County Superior Court.
Everett officials contend there is no evidence that Camille Spink was confused or misled by the multiple road signs already in place. They argued Friday that a jury shouldn’t be allowed to speculate if additional signs or a different traffic design would have prevented the crash.
“Moreover, we have a ready explanation for this accident. Spink was drunk,” Everett’s attorney Andrew Cooley wrote in court papers.
Spink missed the sharp right-hand turn over a short bridge at the north end of Broadway. She drove the wrong way on Broadway and smashed into a southbound car near 41st Street.
The crash killed Sheena Blair, 24, and Martin “Tony” Ramirez, 19, both of Tacoma. Luis Reyna and Marco Ortiz, then both 18, suffered serious injuries, including multiple broken bones.
A toxicology report from the Washington State Patrol crime lab concluded that Spink’s blood alcohol level was nearly three times the legal limit.
The Bothell mother pleaded guilty to vehicular homicide and assault. In 2011, she was sentenced to seven years in prison.
Lawyers representing some of the victims are suing Spink and the city. Snohomish County Superior Court Judge David Kurtz was told on Friday that Spink is scheduled to be released from prison in August.
She has testified in depositions that she has no memory of the crash, the roadway or the traffic signs. She told lawyers she couldn’t say what would have stopped her from driving the wrong way.
Spink’s passenger that night told her she had to turn right onto the bridge. She also told her she was driving the wrong way down Broadway, court papers said.
“None of that had an impact on her behavior,” Cooley said.
The lawyers representing Blair’s estate and Reyna argued that there is a history of accidents at the site and their experts will testify that the roadway design isn’t safe.
Flashing lights on a sign pointing to the right draws drivers’ attention away from unlit signs that say, “Do Not Enter” or “Wrong Way,” Reyna’s attorney Kyle Oliver wrote in court papers.
Their experts will testify that the signs are confusing and other traffic devices would make it clear that drivers must turn right.
The plaintiffs’ lawyers allege that there is a history of people crashing into the bridge and driving the wrong direction. They claim to have found at least 20 instances since 2001.
A Freeland man was killed June 23, 2012 when his truck crashed into the barrier on the west side of the bridge over I-5. Police believe Mitchell Casey, 28, missed the sharp turn and hit the guardrail.
“How do we know (Spink) was confused? She went the wrong way down the road,” Blair’s attorney Randolph Gordon said.
The plaintiffs also plan to argue that the toxicology test may be flawed. Witnesses are expected to testify that Spink did not appear intoxicated after drinking four glasses of wine earlier in the night. She managed to drive for quite some time before she approached the bridge.
“The question is was Ms. Spink confused solely because she was under the influence or was she confused in part because of the city’s signs and road design?” Kurtz said Friday.
The answer should be left to a jury, he ruled.
Trial is scheduled to begin in June and could last more than a month.
Spink’s attorney asked to postpone the trial until Spink is released from prison. She is almost done with a prison program to become a professional dog groomer and trainer and attending the trial in June could prevent her from finishing, the judge was told.
Kurtz said the case has been pending long enough. He had told lawyers last year that the June date was “ironclad.”
Diana Hefley: 425-339-3463; hefley@heraldnet.com. Twitter: @dianahefley
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