Hammons v. State of Washington / 2018

Laurie Hammons and Gary Hammons v. State of Washington and Mason County

On May 27, 2013 (Memorial Day), Laurie and Gary Hammons drove their two grandsons from Seattle to their father’s home in Allyn, Washington after spending the weekend with them in Seattle.  Gary drove from Seattle to Allyn.  Laurie took over driving as they headed back to Seattle via Grapeview Loop Road North.  It was her first time traveling north on Grapeview Loop Road North.

Approaching SR 3 on Grapeview Loop Road North, there is a curve to the right: 

 
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The intersection of Grapeview Loop Road North and SR 3 is a wide-mouth intersection. The stop sign for Grapeview Loop Road North was placed to the far right of the wide-mouth intersection.

 
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The speed limit on Grapeview Loop Road North was 40 mph, with a 25-mph speed reduction advisory sign for curves 1700 feet (1/3 mile) before the intersection. The 25-mph speed advisory sign does not specify for what distance it applies.  The curves then end, and the road becomes straight. 

The curve to the right approaching SR 3 limited the ability of drivers to see the Stop sign on Grapeview Loop Road North.  The Stop sign was not visible until a driver was 84 feet away from the Stop sign. 

Unable to see the Stop sign in time to stop as she rounded the curve approaching SR 3, Laurie continued into the northbound lane of SR 3.  Gary recalls that she said, “What’s this?” and slammed on the brakes. The Hammons’ car was struck on the driver side in the northbound lane of SR 3 by a one-ton pickup truck towing a fifth-wheel trailer. The driver of the pickup truck estimated Ms. Hammons’ speed to be 20 to 30 mph. Accident reconstruction expert Steve Harbinson determined that Ms. Hammons’ speed was in the range of 30 mph. 

The impact sent the Hammons’ car spinning across the highway.  It ended up in brush on the other side of SR 3.

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Laurie was slumped over the steering wheel and unresponsive, with blood coming from her ear.  Gary was told by bystanders to stay seated.

The fire department placed Gary on a stretcher with an air cast and transported him to Harrison Hospital in Bremerton.  He had a forehead abrasion and was diagnosed with a minor closed head injury/concussion.  Laurie was airlifted to Harborview with a severe brain injury.

The State has a duty to maintain the subject highway intersection in a reasonably safe condition for motorists. This includes a duty to provide traffic control devices with adequate visibility, at a location that allows sufficient time for a proper response by motorists.  The State is responsible for the placement of Stop signs. The fact that the Stop sign lacked adequate visibility is undisputed.

The Hammons’ case not only led to a winning verdict, but it also led to lasting change on the road. The State ultimately installed a stop sign on the left side of the lane where it could have been seen, ensuring the string of T-bone collisions involving drivers who hadn’t seen the hidden stop sign on the right. While this action was taken too late for the Hammons, it ensured better safety for drivers passing through Grapeview Loop Road and SR3.