Latest News 2013 May Developer Sued for Road Condition that Resulted in Death of Mother and Daughter

Developer Sued for Road Condition that Resulted in Death of Mother and Daughter

As read in the Charlotte Observer, a widower has filed a wrongful death lawsuit after loosing his wife and baby daughter in a car wreck that he believes could have been avoided had a developer installed the proper traffic lights to prevent dangerous drag racing.

S.P. is suing Crescent Resources, the development company responsible for building the Palisades community off of N.C. 49. The new community was lacking a traffic signal at Riverpointe Drive and Grand Palisades Parkway – the scene of the deadly crash on April 4, 2009.

C.F., 45, along with the couple's 2 year-old daughter, were traveling on Riverpointe before turning left to get to their church. As C.F. was navigating the turn, a Mitsubishi Eclipse, piloted by T.S., slammed into them.

T.S. was racing with another vehicle, driven by C.A., on N.C. 49. H.H., 13, was a passenger in the Mitsubishi and also died as a result of the collision.

S.P., along with H.H.'s parents, are each seeking $5 million in damages.

Charlotte-based attorney Fred DeVore is representing S.P. in the suit. DeVore said that Crescent Resources was to have erected a traffic signal, at the cost of $219,718, when it was awarded the conditional zoning to build the Palisades community in 2006.

However, according to DeVore, "At the time of the crash, the signal had not been funded."

The builder argued that the city never proved that a signal was necessary, and it was the fault of the two racing cars – driving near 100 mph – that was the cause of the crash.

Residents have disagreed; they believe that the traffic on 49 had steadily increased with the additional building. J.B., a resident since 2006 and the current president of the development's homeowners association, said he had been lobbying Charlotte and the state transportation officials for a signal.

J.B. told the court, "It became very difficult getting out of Riverpointe … with high-speed traffic coming at you in all directions. It was like playing chicken turning onto 49."

On March 13, 2009 J.B. was assured by a Charlotte transportation engineer that Crescent would pay for a signal in 30 days – and the installation was later scheduled for the fall of 2009.

Within three weeks of receiving this assurance the three fatalities occurred.

T.S. has since been convicted on three counts of involuntary manslaughter and will spend a minimum of three years and nine months behind bars. C.A. pleaded guilty for three counts of involuntary manslaughter and will be imprisoned for at least two years and eight months.

The night of their deaths, C.F. was taking her daughter to church with her for Saturday night services and planned to have a family dinner with S.P. afterwards.

Loosing a loved one, especially a mother or a young child, is catastrophic for a family. If you suspect that your loved one perished due to the fault of another party, contact a personal injury lawyer to file a wrongful death lawsuit.