Injured Motorcyclist Awarded $4.7 Million : Safety: Jury finds that a motorist and the state, which allowed parking on Pacific Coast Highway, are responsible for the accident.

Finding that state officials allowed unsafe parking on Pacific Coast Highway in Hermosa Beach, a jury has ordered the state and a motorist to pay $4.7 million to a motorcyclist who was severely injured in a 1988 traffic accident on the thoroughfare.

Attorneys for motorcyclist William Drake argued that state transportation officials negligently permitted parking along Pacific Coast Highway even though they knew the cars blocked the views of motorists trying to turn onto the highway from side streets. They said the state had been aware of the problem for years and had recommended parking restrictions there since 1981.

Attorneys for the state pointed out that the Hermosa Beach City Council had voted against parking restrictions in 1981 out of fear that businesses on the highway would suffer. But, Drake’s attorneys said, the state is responsible for the highway and should have limited parking there despite the city’s objections.

A Compton Superior Court jury deliberated two days before voting 9 to 3 Sept. 10 in favor of Drake, who is now brain-damaged and paralyzed on one side of his body.

“Hopefully, (the verdict) will open the state’s eyes,” said Drake’s attorney, J. Christopher Woodward. “Money will not bring back (Drake’s old) life, but it hopefully will create a little better lifestyle for him in the future and not drain his family’s resources.”

Attorneys for both the state and the motorist said they would appeal.

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The accident occurred Oct. 6, 1988, when motorist Merten C. Stevenson of Santa Ana tried to make a left turn onto the northbound lanes of Pacific Coast Highway from 24th Place. Drake was heading south on the highway, and ran into Stevenson’s Chevrolet Suburban.

The motorcyclist, who was wearing a helmet, suffered brain damage and paralysis. A former engineer and Hermosa Beach resident, Drake now lives in Paradise, Calif., with family members. He requires 24-hour care, can speak only a few words and probably will never return to work.

Two years after the accident, state transportation authorities began restricting parking on the highway during peak hours and prohibited left-hand turns onto the highway from side streets.

Stevenson’s attorney, Vincent Heublein, argued that Drake was speeding when he barreled into Stevenson’s car, which he said had the right of way.

“Any street that is a through street and is controlled only by a stop sign could have the same situation,” Heublein said. “I think a motorcyclist has to have a certain degree of care. You can’t just go blasting around.”

Irwin Schulman, an attorney for the state Department of Transportation, contended that the accident was caused by the negligent actions of either Stevenson or Drake--but not by parked cars. Some testimony, he pointed out, cast doubt on whether there were any parked cars in the immediate area when the accident occurred.

“Either the driver didn’t expect a motorcycle would reach him that fast . . . or the motorcyclist assumed the (Suburban) would complete its turn, and at the last minute ran into it,” Schulman said. “The parked cars had nothing to do with it.”

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Schulman acknowledged that the state had recommended that Hermosa Beach officials restrict parking on the highway in 1981. But, he said, the state thought it had to take the views of city officials into account.

“We could have forced (the restrictions) down their throat, but it just didn’t seem we should be forcing anything on anybody,” he said. “We could have disregarded their wishes, but the policy is against doing that.

“They’re the ones that have to enforce it, anyway,” Schulman added. “So if they won’t do it, we’re stuck.”

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Drake was actually awarded $6.3 million, but since he was deemed 25% responsible for the accident, he will receive 75% of that amount. Jurors apportioned 45% of the blame to the state and 30% of the blame to Stevenson.

Both Schulman and Heublein attributed the size of the verdict to sympathy for Drake. Woodward, however, described the verdict as relatively small considering his client’s past and present medical bills and living expenses.

“Sure, it sounds like a lot of money, but that won’t be nearly enough to ultimately care for all of his needs,” Woodward said. “We were obviously pleased that the jury made such an award, but it would have been nice to have been bigger.”