Posted on Sat, Feb. 12, 2005


State must pay $2.9 million
Jury says S.C. Transportation Department at fault in fatal car crash

Staff Writer

A Richland County jury held the S.C. Department of Transportation liable for nearly $2.9 million Friday for not acting fast enough to prevent cross-median crashes.

The lawsuit against the department stemmed from a Jan. 4, 2000, wreck on I-77, near Percival Road. One woman was killed in the three-car crash and two others were injured.

The estate of Deborah Giannini was awarded $1.5 million, said Sherod Eadon, an attorney for one of the injured plaintiffs.

Giannini was killed when a northbound Ford Explorer hydroplaned, crossed the median and struck the Pontiac Bonneville she was driving. A Nissan Altima, driven by Tracy Golden, was also hit. Both Golden and a passenger, Roderic Bradley, also sued the department.

The jury awarded $745,000 to Golden and $645,000 to Bradley, Eadon said.

Further court action might be necessary to determine whether the amounts will be reduced to $600,000 under the state’s Tort Claims Act, he said.

Frank McMaster, state DOT attorney, said he will appeal the verdict. He dismissed plaintiffs’ claims the department ignored the issue.

“The highways are built as safe as they can be,” he said. “It’s the people that drive on them that have got to keep them safe.”

McMaster added driver error led to the wreck.

In 1997, The State reported the S.C. DOT was aware of two fatal wrecks involving vehicles crossing over the I-77 median. Both wrecks were near the site of the 2000 crash.

At the time, motorists and police officers said the highway needed median barriers, which might have prevented the 1997 crashes. But engineers said the median was wide enough to allow drivers to avoid a head-on collision.

About a year after the 2000 crash, cable barriers were installed along I-77 in Richland County. They were among the first to be installed in the state.

The trial began Monday. The jury took about three hours to hand down its verdict Friday, Eadon said.

Reach Gonzales at (803) 771-8405 or jgonzales@thestate.com.





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