Holt v. N.C. Dep't of Transp.

781 S.E.2d 697, 245 N.C. App. 167, 2016 N.C. App. LEXIS 133
CourtCourt of Appeals of North Carolina
DecidedFebruary 2, 2016
Docket15-445
StatusPublished
Cited by8 cases

This text of 781 S.E.2d 697 (Holt v. N.C. Dep't of Transp.) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Holt v. N.C. Dep't of Transp., 781 S.E.2d 697, 245 N.C. App. 167, 2016 N.C. App. LEXIS 133 (N.C. Ct. App. 2016).

Opinions

McGEE, Chief Judge.

*168Cynthia Jean Furr ("Furr") was driving her two-year-old daughter McAllister Grier Furr Price ("McAllister") in her automobile ("the Furr car") in the early evening of 4 April 2009. Furr was driving the approximately one-half mile from her home to her church, where she was the musical director. As Furr attempted to make a left-hand turn from her street, Riverpointe Drive, onto Highway 49 in the direction of downtown Charlotte, the Furr car was broadsided by a Mitsubishi ("the Stasko car") driven by twenty-year-old Tyler Stephen Stasko ("Stasko"). Eleven-year-old Rex Evan Thomas ("Rex") and thirteen-year-old Hunter Daniel Holt ("Hunter") were passengers in the Stasko car at the time of the collision. Furr, McAllister, and Hunter died as a result of injuries sustained in the collision. This collision occurred in a four-way intersection ("the intersection") where Riverpointe Drive and Palisades Parkway intersected with Highway 49.

According to the findings of fact of the Full Commission of the North Carolina Industrial Commission ("Industrial Commission"), before the collision, Stasko was driving Rex and Hunter home from a day trip to Carowinds amusement park. The Stasko car was heading in a westerly direction on Highway 49, away from Charlotte and towards Lake Wylie and South Carolina. While Stasko was stopped for the traffic signal at the intersection of Shopton Road, Rex and Hunter noticed two female friends in an adjacent vehicle driven by Carlene Atkinson ("Atkinson"). The kids "began gesturing and joking with each other." "When the light at Shopton Road turned green, Mr. Stasko and Ms. Atkinson sped off at a high rate of speed in the direction of the Palisades/Riverpointe intersection." Stasko and Atkinson were apparently engaging in a race. The traffic signal at Shopton Road was the last traffic signal or sign Stasko would encounter before the collision. There was no traffic signal or sign *169regulating traffic on Highway 49 at the intersection. There was a stop sign on Riverpointe *700Drive, requiring drivers to stop before entering or crossing Highway 49.

After coming to the stop sign on Riverpointe Drive, Cynthia Furr crossed Hwy 49 in order to make a left turn and proceed east on Hwy 49. She slowed prior to concluding the left turn in order to allow eastbound traffic on Hwy 49 to clear. At the Riverpointe Drive intersection, Mr. Stasko's vehicle, which was traveling in the left through lane, collided with the left side of Ms. Furr's vehicle at an estimated speed of 86 miles per hour.

Atkinson, who was "some distance behind" the Stasko car when it impacted the Furr car, stopped briefly at the scene of the accident, and then "left the accident scene without offering assistance or waiting for law enforcement personnel to arrive."

Beginning in 2000, the area around the intersection underwent significant changes. Prior to 2000, Highway 49, in the vicinity of Riverpointe Drive, was a two-lane highway with a speed limit of 45 miles per hour. Riverpointe Drive terminated at its intersection with Highway 49, and there was no roadway continuing on the opposite side of Highway 49 from Riverpointe Drive. By late 2005, Highway 49 had been widened to a four-lane highway, and the speed limit had been increased to 55 miles per hour. Defendant North Carolina Department of Transportation ("DOT") was responsible for this project ("the DOT project"). In addition, a four-way intersection had been created by the addition of Palisades Parkway across Highway 49 from the terminus of Riverpointe Drive. Palisades Parkway was constructed by Crescent Resources, LLC ("Crescent") as a means of connecting its new housing development to Highway 49. Pursuant to an agreement with DOT, Crescent was permitted to construct Palisades Parkway and add designated turn lanes on Highway 49, which included two dedicated turn lanes for the west-bound lanes and one dedicated turn lane for the east-bound lanes. Subsequent to these projects, a person making a left-hand turn from Riverpointe Drive onto Highway 49 East had to drive over or by the following: one dedicated turn lane for west-bound traffic turning right onto Riverpointe Drive; two west-bound lanes of traffic; two dedicated turn lanes for west-bound traffic to turn left onto Palisades Parkway; one dedicated lane for eastbound traffic to turn left onto Riverpointe Drive; and two east-bound lanes of traffic. There was also a dedicated turn lane for east-bound traffic to turn right onto Palisades Parkway. In addition to being aware of east and west-bound traffic on Highway 49, a driver would have to be *170aware of traffic from Palisades Parkway attempting to either turn onto east or west-bound Highway 49, or attempting to cross Highway 49 to access Riverpointe Drive.

The plan for the intersection included installation of traffic signals, which were to be funded by Crescent and installed by DOT. At the time of the 4 April 2009 collision no signals had been installed, even though one of DOT's district engineers had warned Crescent in 2006 that a signal was needed "at [that] time."

This action was brought in the Industrial Commission pursuant to the Tort Claims Act by Steven Grier Price, as the administrator of the estates of Furr and McAllister; and Daniel and Lisa Holt, as the administrators of Hunter's estate (together, "Plaintiffs"). Plaintiffs alleged that DOT negligently failed to install traffic signals at the intersection, and that this negligence was a proximate cause of the collision that killed Furr, McAllister, and Hunter.

The following relevant stipulations were entered by Plaintiffs and DOT:

3. This case arises out of a fatal automobile crash on 4 April 2009, at the intersection of Highway 49 and Riverpointe Drive. A car driven by Tyler Stasko collided with a vehicle driven by Cynthia Jean Furr. Highway 49 is a state maintained highway. Prior to the accident, Highway 49 had been widened and a fourth leg (Palisades Parkway) had been added to the intersection. The claimants contend that a proximate cause of the accident was the failure of [DOT] to install a traffic signal at the intersection. [DOT] stipulates that it had a duty to install a signal and that it breached that duty; however, [DOT] contends that said breach was not a proximate cause of the collision. Rather, [DOT] contends *701that the acts of others, including the intervening and superseding criminal acts of Mr. Stasko and Ms. Atkinson, were the proximate cause of the collision. Cynthia Jean Furr and her daughter, McAllister Grier Furr Price, were killed in the car driven by Ms. Furr. Hunter Daniel Holt was killed as a passenger in the vehicle driven by Tyler Stasko.
4. At all times relevant to this action, Highway 49 was a road constructed and maintained by [DOT].
5. Originally, Highway 49 was a two lane road, but beginning in the early 2000's, [DOT] undertook a construction project to widen and improve Highway 49.
*1716. During the project, Crescent Resources sought to construct a road opposite Riverpointe Drive, called Palisades Parkway.

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Cite This Page — Counsel Stack

Bluebook (online)
781 S.E.2d 697, 245 N.C. App. 167, 2016 N.C. App. LEXIS 133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holt-v-nc-dept-of-transp-ncctapp-2016.