SEATTLE — The husband and daughter of a woman who was killed in a crash on State Route 509 last December when a car crashed through an unmarked dead end are filing a multimillion-dollar damage claim against Burien and King County for failing to install a barricade.
Police said on Dec. 18, 2013, a drunken driver, Christopher Kenneth Wittman, rolled his Chevrolet Malibu down an embankment at the end of a dead end and onto SR 509. His car landed on top of Clay and Barbara Eakin's Mazda.
Barbara later died from her injuries and Clay survived, but received a severe permanent brain injury.
Five vehicles were involved in the crash. Photos of the crash scene can be viewed here.
Though Wittman pleaded guilty to several crimes, including vehicular homicide and assault, the lawsuit alleges that the city and county failed to install a large barricade at the dead end that had been reported to be a problem by neighbors for years.
The damage claim says, “in 2009, the county determined that it was necessary to remove the old guardrail and small signs that had been at the dead end for many years and replace them with a much larger, more sophisticated ‘Type III barricade.’” The guardrail and signs were removed, but the barricade was never installed and the dead end was unmarked when the crash occurred, the claim stated.
The Eakins had been on their way to Sea-Tac Airport to catch a flight to Phoenix to see Clay’s mother for Christmas and then to go on their honeymoon when the crash occurred.
Clay Eakin and his wife’s daughter, Rhonda Malland, as well as the victim’s estate are asking for $16,500,000 for the loss of Barbara Eakin and Clay Eakin’s injuries.
City of Burien released the following statement:
"Despite strong laws and good law enforcement, a few irresponsible motorists persist in driving drunk. This 2013 accident was caused by an intoxicated driver who sped recklessly down a clearly marked dead end road and struck another car. The plaintiff’s lawyer is trying to make the taxpayers of Burien pay for damages caused by a drunk driver that does not have insurance. The City will vigorously defend itself against this claim."
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