Mission Viejo : Car Accident Victim’s Parents File Lawsuit

The parents of one of the three Mission Viejo women killed in a head-on car crash in Seal Beach last September sued the state and the city Thursday, claiming the design of Pacific Coast Highway created a dangerous condition.

The Superior Court suit, filed on behalf of Donald and Diana J. Utterback, does not specify the amount of damages sought, but prior claims filed with the state and the city, a prerequisite to filing a lawsuit, sought $10 million.

The Utterbacks, whose daughter, Dawn Joy, 18, was killed in the crash, also filed a $5-million suit last Oct. 9 against the owners and the estate of the operator of the car she was riding in and the driver of the other car, Kym Larnell Murphy, 26.

Murphy was convicted April 26 on three counts of vehicular manslaughter and two counts of driving under the influence of alcohol and drugs. Her sentencing is scheduled for June 18.

The accident occurred about 3 a.m. Sept. 10 when Murphy failed to follow a curve on Pacific Coast Highway southeast of Seal Beach Boulevard and slammed into the sports car driven by Utterback’s friend, Deborah Lee Slemmons, 20.

Slemmons, Utterback and another passenger, Diane Mae Druckrey, 21, were killed.

In Wednesday’s suit, the Utterbacks claim that the governmental bodies failed to provide adequate lighting, road stripes and signs and failed to put up a center divider on a dangerous curve. In March, the California Department of Transportation installed the divider, said Michael S. Sutton of Santa Ana, attorney for the Utterbacks.

Sutton said the parents of the other two victims had filed claims against the city and the state but have not filed lawsuits yet.