Modesto settles lawsuit in crash that injured mom and her two kids for $16.5 million
Modesto has settled a lawsuit for $16.5 million from an auto accident that injured a mother and her two young children, with the bulk of the settlement going for the lifetime care of one of the children, who sustained a traumatic brain injury.
Cherise Chipponeri was driving her then 11-year-old son and nearly 4-month-old daughter to a family birthday party on the rainy afternoon of Dec. 10, 2016.
As Chipponeri drove east through the tight curve on Scenic Drive just past Bodem Street the tires of Chipponeri’s 2003 Nissan Xterra lost traction on the slippery road and the Nissan slid into oncoming traffic and was broadsided by a Dodge Ram, according to Stanislaus County Superior Court records filed by the family’s attorneys. The accident occurred just past the tight curve.
Chipponeri sustained a brain injury and multiple fractures and spent nearly a month in the hospital, according to court records, and her son was hospitalized for nearly a week. Chipponeri’s daughter spent about six weeks in the hospital. The driver of the Dodge Ram told The Bee he was shaken up but not injured.
Court records state the daughter, who is now 7, requires 24-hour supervision and is not expected to ever be able to care for herself. Dr. Elaine Pico, a specialist in pediatric rehabilitation, wrote in an evaluation filed with the court that the girl’s brain injury severely impacts her cognition, behavior, judgment and the strength and coordination of the right side of her body. The girl also has hearing loss in one ear and a seizure disorder.
Modesto reached three settlements in the lawsuit: one for $15 million for the daughter, one for $1.1 million for the mother and one for $400,000 for the son.
Modesto said it had spent $341,186 in legal and other costs as of March 31 in defending itself in the lawsuit, bringing the litigation’s total cost to more than $16.8 million. The city is responsible for the first $1 million and its insurance pays the rest.
Modesto denied any liability in reaching the settlements, though attorneys for the Chipponeris state in court records the city knew that stretch of Scenic Drive east of Bodem Avenue was dangerous because of the road’s tight, substandard curve, the road was rutted, had more than its share of accidents, and the city had failed to make the road safer.
The attorneys cite Police Department records showing there were 35 wet pavement accidents on Scenic Drive within 600 feet east of Bodem Street from January 2010 to Cherise Chipponeri’s Dec. 10, 2016, accident. “The accident rate was more than double or even triple of what it should have been,” the attorneys state in court records.
“This was a tragic accident that was completely avoidable if the city had simply resurfaced the roadway (with a high-friction surface treatment to improve traction in wet weather) ... ,” said attorney Tom Brandi, one of the children’s attorneys.
Modesto did that in 2019, and the Chipponeri attorneys said in court records the number of accidents has since plummeted.
The San Francisco-based Brandi Law Firm represented Chipponeri’s two children and her father was appointed by the court to represent their interests. Brandi said the family would not comment. He said the son has made a full recovery and the daughter “is well-loved and well-cared for by her family ... .” He declined to say more.
Bay Area attorney Robert Abel represented Cherise Chipponeri. He did not return two messages seeking comment.
Modesto had taken several measures before Chipponeri’s accident to make the road safer, including reducing the speed limit, installing flashing safety beacons and signs warning drivers the road was slippery when wet, according to court records. The city said in a statement it plans to make more improvements this year.
Chipponeri’s Nissan was in good condition, had good tires and she was driving safely, according to court records filed by the family’s attorneys. Chipponeri and her two children were coming from another family birthday party at Rico’s Pizza on East Hatch Road near Ceres and she drove on surface streets to the second family party and avoided Highway 99 because of the rain.
Stanislaus County also was concerned about that stretch of Scenic Drive and started talking with the city in 2014 about making it safer, according to court records. The county even hired an engineer to come up with solutions.
The county’s Behavioral Health and Recovery Services building is along the south side of Scenic just past the sharp curve. The county in early 2017 installed permanent concrete barriers along Scenic to keep cars from crashing into the BHRS building. Chipponeri’s wreck occurred on the north side of Scenic across from the building and next to the Acacia Memorial Park cemetery.
Because they are minors, the court was required to approve the settlements for the Chipponeri children, including breakdowns of how the settlements would be spent. There is no such requirement for the mother’s settlement.
Court records state about $1 million of the daughter’s $15 million settlement is for medical bills, $5 million will be placed in a type of investment called an annuity that will provide monthly payments throughout the girl’s life for her care and $5 million will go to her attorneys.
Attorneys have filed a petition with probate court for the balance of the $15 million to be placed in a special needs trust and to buy a home and minivan for the daughter’s care. The bank would oversee the trust. A judge is expected to rule on the petition in June.
Court records state the $400,000 for the son is divided among $100,000 for medical bills, $100,000 for attorneys and $200,000 for an annuity that will provide the son with payments from ages 25 to 33.
