Suit over Sebastopol crosswalk collision likely to be tossed out

A Sonoma County judge has tentatively dismissed a lawsuit against Sebastopol, saying the city was not responsible for a 2009 crosswalk accident on Highway 116 since the road is state-controlled property.

"The evidence is clear that Sebastopol does not own State Route 116 at the intersection," Judge Gary Nadler wrote in his preliminary decision, issued last week. "It did not design, install or maintain the crosswalk or the intersection."

The family of Julia Bertoli sued the city after she was struck by a vehicle in the crosswalk near Florence Avenue on July 3, 2009. The accident left Bertoli, then 16, with serious brain injuries.

The family admitted that Highway 116 is state-owned and maintained, but they argued that the city made changes to the crosswalk during a sewer replacement project in 2000. They also said that the city should have been proactive in asking Caltrans to remove tree limbs that interfered with drivers' ability to see people in the crosswalk.

The suit initially named scores of defendants, including the engineers responsible for the design and maintenance of the crosswalk, current and former city officials and nearby property owners with trees that shaded the street. The list has been whittled down over the years to include just half a dozen named defendants, most prominently the city, Caltrans, and the driver who struck the girl, Linda Chilvers of Forestville, who was never charged in connection with the accident.

Nadler said the Bertolis failed to prove that Sebastopol was at fault, which would drop the city from the trial, set for Oct. 18.

"Sebastopol had no duty to remedy or address any issues on the crosswalk or the highway," he wrote, "including any duty to trim trees to remedy any visibility issues on the highway caused by shade."

Family attorney David Rouda could not be reached for comment.

The city's attorney in the case, Steve Mitchell, declined to comment on the preliminary ruling since the judge has not issued his final decision. He could do so as early as this week.

Larry McLaughlin, city manager and city attorney, said the decision vindicates what city staff had been saying all along.

"We're very sorry for the person this happened to," he said, "but simply stated, the city of Sebastopol had no control over that crosswalk."

(You can reach Staff Writer Sean Scully at 521-5313 or sean.scully@pressdemocrat.com.)