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Lawsuit: Bridge design led to fatal collision

09:12 AM CDT on Tuesday, July 1, 2008

By Chris Paschenko / The Daily News

TEXAS CITY — The family of a Santa Fe woman killed in a head-on collision on a Texas City bridge has filed a lawsuit against the state seeking up to $250,000.

Yvonne Cole, 36, died Jan. 8 after a minivan crossed into her lane of state Highway 146, police said.

After the accident, the state erected concrete dividers on the bridge, which separates opposing traffic lanes over North Loop 197.

In the lawsuit filed Friday in a Galveston County district court, attorney Darrell A. Apffel said Cole’s death could have been avoided if the state had designed a safe bridge.

Apffel said the state was negligent in designing a bridge that forced drivers to steer away from head-on collision when entering the structure from both sides.

The conduct of the state Department of Transportation was “extreme, outrageous, unconscionable, reckless and constitute[s] malice and/or gross negligence,” the suit claims.

Budget restraints canceled the state’s plan to build a second bridge to separate opposing traffic.

Apffel said the state failed to properly inspect the bridge to discover the “dangerous condition” and failed to use proper highway engineering design principles.

Apffel also said the state failed to property supervise contractors and subcontractors working on the bridge.

Apffel said one study revealed two four- to six-lane bridges could have been built over the north 197 Loop — similar to the bridge spanning Palmer Highway — for less money.

A message left Monday with state officials seeking comment wasn’t immediately returned.

The suit reveals a glimpse of the pain Cole could have experienced in her final moments, saying she was conscious of her surroundings for about 30 minutes before she died at the scene.

Apffel said the Texas Tort Claims Act waives the state’s immunity in the case, because the state knew or should have known of the bridge’s defect that posed an unreasonable risk of harm.

“City and county officials, concerned citizens and/or previous accidents gave (the state) knowledge of the dangerous condition,” Apffel said.

“Because of the state of Texas’ refusal to remedy the flawed bridge, Yvonne Cole’s two young children will grow up without a mother,” Apffel said.

Although the suit doesn’t seek specific damages, the maximum monetary award allowed under state law is $250,000, Apffel said.

This story is available through KHOU, Ch. 11's partnership with The Galveston County Daily News.

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