Sonoma County accused of negligence in Ukiah woman’s death during January storms

The husband of a Ukiah woman killed in January when her car was swept away by floodwaters following one of the region’s atmospheric rivers is suing Sonoma County.

In his wrongful death lawsuit, filed June 26 in Sonoma County Superior Court in Santa Rosa, Marcellino Fontino alleges the county is to blame for his wife’s death and he cites the dangerous condition of the roadway, as well as negligence on the part of the county.

He is seeking unspecified damages.

No other defendants are named in the seven-page complaint, which stems from the Jan. 10 death of Daphne Fontino, 43, who drowned after her Toyota Prius was swept away on Trenton-Healdsburg Road, north of River Road and east of Forestville.

The road intersects with Mark West Creek, which was inundated with water following nine consecutive days of rain.

The lawsuit contends that Sonoma County officials were aware of the conditions and should have taken preventive measures before Daphne Fontino died.

“As a direct and proximate cause of defendants’ negligence, (Daphne Fontino) was unaware of the dangerous condition of floodwater flowing across Trenton-Healdsburg Road in Sonoma County, which ultimately resulted in her death by drowning,” the lawsuit states.

County advisories on Jan. 10 stated that Trenton-Healdsburg was closed in the immediate aftermath of Daphne Fontino’s death, but it wasn’t clear if warning signs or road closure signs had been placed before she approached the area on that day.

Reached Thursday, Sonoma County spokesperson Paul Gullixson said officials haven’t been served with the complaint and could not comment on the allegations contained in Fontino’s suit.

“That said, we want to express our deep sorrow concerning this tragic event,” he said in an email. “Communicating the need for driver awareness and safety is a high priority for the county in the aftermath of natural disasters, including high-water events. Our condolences go out to the Fontino family.”

A mother of three children and one step-child, Daphne Fontino was among at least four people whose deaths were linked to the series of atmospheric rivers that happened in January in Sonoma and Mendocino counties.

Atmospheric rivers result from moisture forming above warmer, tropical regions.

They can grow to as large as 375 miles wide and stretch up to 1,000 miles long, according to the National Oceanic and Atmospheric Administration. Winds push them through the atmosphere, and the moisture they carry turns into rain or snow once they are above land.

In January, 13.5 inches of rain were recorded at Charles M. Schulz-Sonoma County Airport — slightly more than double the normal 6.67 inches for the month, according to the National Weather Service.

Daphne Fontino was a driver for North Bay Transit and on Jan. 10 she was on her way to Graton to pick up a client who needed to get to Redwood City, south of San Francisco.

She was traveling along Trenton-Healdsburg Road when floodwaters from Mark West Creek overtook her company-owned Toyota. She dialed 911 but the call was cut off.

A rescue team arrived with two helicopters and a boat and searched the area. Authorities also attempted to reverse dial the 911 call to find the exact location of the vehicle and contact the caller.

Darkness soon set in, hindering the ongoing search until the next morning.

That’s when Daphne Fontino was discovered in her vehicle in a vineyard 100 yards off Trenton-Healdsburg Road. The car was still under about 10 feet of water at the time.

According to the lawsuit, the events of Jan. 10 deprived Daphne Fontino’s family of her “support, services, advice, love, companionship, solace, society, comfort, affection and moral support.”

Her husband is seeking a jury trial.

You can reach Staff Writer Colin Atagi at colin.atagi@pressdemocrat.com. On Twitter @colin_atagi