At a glance
- Case
- Estate of Kevin Walsh v. Caltrans
- Total award
- More than $21M
- Non-economic damages
- $18M
What happened
A crash on a rain-soaked freeway
A driver lost control of his vehicle on a rain-soaked freeway and struck a crash cushion that had previously been damaged. Evidence at trial raised questions about alcohol use and whether the driver was traveling too fast for the conditions.
The lawsuit alleged that Caltrans failed to repair the damaged crash cushion.
The liability rule
Uncapped damages drove the verdict
California places no limit on non-economic damages in public-liability cases. Combined with comparative fault, that can leave taxpayers facing a large verdict even when a driver’s own conduct contributed substantially to a crash.
Composition of the $21 million-plus award
The $18 million non-economic award accounted for most of the total verdict.
Taxpayer impact
More than $21 million in public liability
The jury awarded the driver’s family more than $21 million. The case shows how uncapped damages can magnify taxpayer exposure when responsibility is shared.
Why this matters
When a driver’s own conduct contributes to a crash, the law should not shift a disproportionate share of the resulting cost to California taxpayers.