Austin was killed by a reckless driver, along with his siblings: Hunter and Kyleigh
The parents of three Ivanhoe children killed in a 2007 crash involving an off-duty Sheriff’s deputy from Exeter have settled their lawsuit against Tulare County for $1.36 million.
The Board of Supervisors unanimously approved the settlement in closed session at its March 10 meeting. The agreement was formally reached March 12 with Tanya and Jason Rader of Ivanhoe, who were originally seeking $25 million in the lawsuit against the county, correctional deputy Joseph Armstrong of Exeter and the trusts of families owning orange trees at the intersection where the accident happened.
The wreck happened on Sept. 22, 2007 when Armstrong’s 2002 Chevy Silverado failed to stop at a stop sign and broadsided a 2002 Ford Expedition driven by Tanya Rader. Armstrong was driving westbound on Avenue 336 and Rader’s SUV was traveling northbound on Road 172. The impact caused both vehicles to spin out of control and both collide with orange trees. Rader’s three children – Kyleigh, 5, Hunter, 3, and Austin Rader, 1 – were all killed despite being in proper safety restraints. Rader, 26, who was wearing a seatbelt, had major injuries and was airlifted to Community Regional Medical Center in Fresno. Armstrong, 27, was not wearing a seatbelt and was ejected from his pickup and landed in an orange tree. He had major injuries and was airlifted to Community Regional Medical Center in Fresno. Rader was released from the hospital a few days later. Armstrong remained in the hospital for several weeks.
The Raders originally filed the lawsuit on Nov. 19, 2007 for personal injuries and wrongful death citing causes of vehicular negligence, general negligence and emotional distress. While the lawsuit claims that the accident “was obviously caused by the inattention of the driver Joseph Armstrong who ran the stop sign,” but that the county “failed to properly maintain the subject roadway, traffic control signals and their public right-of-way.” The lawsuit pointed out that earlier in 2007 the county paved over the “STOP AHEAD” road markings on Road 172 and that the stop sign and “STOP AHEAD” warning about 500 feet from the intersection were obstructed by surrounding orange trees.
However, other court documents state that a photograph of the scene “clearly depicts unobstructed conditions of the “STOP AHEAD” sign and that the county “trimmed the trees around the stop sign in February 2007, just seven months before the accident” and that the “STOP AHEAD” sign was in “excellent condition.” Part of the lawsuit centered around the county ordinance requiring a 10-foot setback for newly planted vegetation from the right-of-way. The lawsuit argued that the county made no effort to enforce the setback or to inform farmers of the ordinance. The county countered by stating that the ordinance only governed vegetation planted in the last five years. The landowner testified that the trees were planted in 1962.
The settlement was reached the day before a trial readiness hearing. An impending trial date was already set for March 16.
“This is a tragic situation and we are very sorry for their loss, but the County did and still does deny any liability in the accident,” Bales-Lange said. “We were prepared to go to trial and were offered mediation at the request of the plaintiff.”
Bales-Lange said the county’s insurer recommended the settlement for “fiscal reasons” because any case involving the death of children is extremely high risk. She said all but $250,000 of the $1.36 million settlement is covered by county’s insurance.
Armstrong was sentenced to 90 days in jail and 36 months probation on July 1, 2008 after pleading no contest to three counts of vehicular manslaughter.
The intersection was a two-way stop where eastbound and westbound traffic on Avenue 336 was controlled by stop signs. The crash was the second fatal collision at the intersection that year. Three adults and a child from Woodlake were killed in a wreck Feb. 13, 2007 when a 1993 Mercury Tracer traveling westbound on Avenue 336 pulled out in front of a 2006 Dodge Ram traveling southbound on Road 172. Only one of them was wearing a seatbelt.
The two collisions prompted Tulare County’s Resource Management Agency to compile an accident report on the intersection and eventually the Board of Supervisors approved RMA’s recommendation to add stop signs to northbound and southbound traffic on Road 172. Trees along Road 172 were also trimmed back to improve visibility, which was considered to be a factor in both accidents.
The parents of three Ivanhoe children killed in a 2007 crash involving an off-duty Sheriff’s deputy from Exeter have settled their lawsuit against Tulare County for $1.36 million.
The Board of Supervisors unanimously approved the settlement in closed session at its March 10 meeting. The agreement was formally reached March 12 with Tanya and Jason Rader of Ivanhoe, who were originally seeking $25 million in the lawsuit against the county, correctional deputy Joseph Armstrong of Exeter and the trusts of families owning orange trees at the intersection where the accident happened.
The wreck happened on Sept. 22, 2007 when Armstrong’s 2002 Chevy Silverado failed to stop at a stop sign and broadsided a 2002 Ford Expedition driven by Tanya Rader. Armstrong was driving westbound on Avenue 336 and Rader’s SUV was traveling northbound on Road 172. The impact caused both vehicles to spin out of control and both collide with orange trees. Rader’s three children – Kyleigh, 5, Hunter, 3, and Austin Rader, 1 – were all killed despite being in proper safety restraints. Rader, 26, who was wearing a seatbelt, had major injuries and was airlifted to Community Regional Medical Center in Fresno. Armstrong, 27, was not wearing a seatbelt and was ejected from his pickup and landed in an orange tree. He had major injuries and was airlifted to Community Regional Medical Center in Fresno. Rader was released from the hospital a few days later. Armstrong remained in the hospital for several weeks.
The Raders originally filed the lawsuit on Nov. 19, 2007 for personal injuries and wrongful death citing causes of vehicular negligence, general negligence and emotional distress. While the lawsuit claims that the accident “was obviously caused by the inattention of the driver Joseph Armstrong who ran the stop sign,” but that the county “failed to properly maintain the subject roadway, traffic control signals and their public right-of-way.” The lawsuit pointed out that earlier in 2007 the county paved over the “STOP AHEAD” road markings on Road 172 and that the stop sign and “STOP AHEAD” warning about 500 feet from the intersection were obstructed by surrounding orange trees.
However, other court documents state that a photograph of the scene “clearly depicts unobstructed conditions of the “STOP AHEAD” sign and that the county “trimmed the trees around the stop sign in February 2007, just seven months before the accident” and that the “STOP AHEAD” sign was in “excellent condition.” Part of the lawsuit centered around the county ordinance requiring a 10-foot setback for newly planted vegetation from the right-of-way. The lawsuit argued that the county made no effort to enforce the setback or to inform farmers of the ordinance. The county countered by stating that the ordinance only governed vegetation planted in the last five years. The landowner testified that the trees were planted in 1962.
The settlement was reached the day before a trial readiness hearing. An impending trial date was already set for March 16.
“This is a tragic situation and we are very sorry for their loss, but the County did and still does deny any liability in the accident,” Bales-Lange said. “We were prepared to go to trial and were offered mediation at the request of the plaintiff.”
Bales-Lange said the county’s insurer recommended the settlement for “fiscal reasons” because any case involving the death of children is extremely high risk. She said all but $250,000 of the $1.36 million settlement is covered by county’s insurance.
Armstrong was sentenced to 90 days in jail and 36 months probation on July 1, 2008 after pleading no contest to three counts of vehicular manslaughter.
The intersection was a two-way stop where eastbound and westbound traffic on Avenue 336 was controlled by stop signs. The crash was the second fatal collision at the intersection that year. Three adults and a child from Woodlake were killed in a wreck Feb. 13, 2007 when a 1993 Mercury Tracer traveling westbound on Avenue 336 pulled out in front of a 2006 Dodge Ram traveling southbound on Road 172. Only one of them was wearing a seatbelt.
The two collisions prompted Tulare County’s Resource Management Agency to compile an accident report on the intersection and eventually the Board of Supervisors approved RMA’s recommendation to add stop signs to northbound and southbound traffic on Road 172. Trees along Road 172 were also trimmed back to improve visibility, which was considered to be a factor in both accidents.
Austin was killed by a reckless driver, along with his siblings: Hunter and Kyleigh
The parents of three Ivanhoe children killed in a 2007 crash involving an off-duty Sheriff’s deputy from Exeter have settled their lawsuit against Tulare County for $1.36 million.
The Board of Supervisors unanimously approved the settlement in closed session at its March 10 meeting. The agreement was formally reached March 12 with Tanya and Jason Rader of Ivanhoe, who were originally seeking $25 million in the lawsuit against the county, correctional deputy Joseph Armstrong of Exeter and the trusts of families owning orange trees at the intersection where the accident happened.
The wreck happened on Sept. 22, 2007 when Armstrong’s 2002 Chevy Silverado failed to stop at a stop sign and broadsided a 2002 Ford Expedition driven by Tanya Rader. Armstrong was driving westbound on Avenue 336 and Rader’s SUV was traveling northbound on Road 172. The impact caused both vehicles to spin out of control and both collide with orange trees. Rader’s three children – Kyleigh, 5, Hunter, 3, and Austin Rader, 1 – were all killed despite being in proper safety restraints. Rader, 26, who was wearing a seatbelt, had major injuries and was airlifted to Community Regional Medical Center in Fresno. Armstrong, 27, was not wearing a seatbelt and was ejected from his pickup and landed in an orange tree. He had major injuries and was airlifted to Community Regional Medical Center in Fresno. Rader was released from the hospital a few days later. Armstrong remained in the hospital for several weeks.
The Raders originally filed the lawsuit on Nov. 19, 2007 for personal injuries and wrongful death citing causes of vehicular negligence, general negligence and emotional distress. While the lawsuit claims that the accident “was obviously caused by the inattention of the driver Joseph Armstrong who ran the stop sign,” but that the county “failed to properly maintain the subject roadway, traffic control signals and their public right-of-way.” The lawsuit pointed out that earlier in 2007 the county paved over the “STOP AHEAD” road markings on Road 172 and that the stop sign and “STOP AHEAD” warning about 500 feet from the intersection were obstructed by surrounding orange trees.
However, other court documents state that a photograph of the scene “clearly depicts unobstructed conditions of the “STOP AHEAD” sign and that the county “trimmed the trees around the stop sign in February 2007, just seven months before the accident” and that the “STOP AHEAD” sign was in “excellent condition.” Part of the lawsuit centered around the county ordinance requiring a 10-foot setback for newly planted vegetation from the right-of-way. The lawsuit argued that the county made no effort to enforce the setback or to inform farmers of the ordinance. The county countered by stating that the ordinance only governed vegetation planted in the last five years. The landowner testified that the trees were planted in 1962.
The settlement was reached the day before a trial readiness hearing. An impending trial date was already set for March 16.
“This is a tragic situation and we are very sorry for their loss, but the County did and still does deny any liability in the accident,” Bales-Lange said. “We were prepared to go to trial and were offered mediation at the request of the plaintiff.”
Bales-Lange said the county’s insurer recommended the settlement for “fiscal reasons” because any case involving the death of children is extremely high risk. She said all but $250,000 of the $1.36 million settlement is covered by county’s insurance.
Armstrong was sentenced to 90 days in jail and 36 months probation on July 1, 2008 after pleading no contest to three counts of vehicular manslaughter.
The intersection was a two-way stop where eastbound and westbound traffic on Avenue 336 was controlled by stop signs. The crash was the second fatal collision at the intersection that year. Three adults and a child from Woodlake were killed in a wreck Feb. 13, 2007 when a 1993 Mercury Tracer traveling westbound on Avenue 336 pulled out in front of a 2006 Dodge Ram traveling southbound on Road 172. Only one of them was wearing a seatbelt.
The two collisions prompted Tulare County’s Resource Management Agency to compile an accident report on the intersection and eventually the Board of Supervisors approved RMA’s recommendation to add stop signs to northbound and southbound traffic on Road 172. Trees along Road 172 were also trimmed back to improve visibility, which was considered to be a factor in both accidents.
The parents of three Ivanhoe children killed in a 2007 crash involving an off-duty Sheriff’s deputy from Exeter have settled their lawsuit against Tulare County for $1.36 million.
The Board of Supervisors unanimously approved the settlement in closed session at its March 10 meeting. The agreement was formally reached March 12 with Tanya and Jason Rader of Ivanhoe, who were originally seeking $25 million in the lawsuit against the county, correctional deputy Joseph Armstrong of Exeter and the trusts of families owning orange trees at the intersection where the accident happened.
The wreck happened on Sept. 22, 2007 when Armstrong’s 2002 Chevy Silverado failed to stop at a stop sign and broadsided a 2002 Ford Expedition driven by Tanya Rader. Armstrong was driving westbound on Avenue 336 and Rader’s SUV was traveling northbound on Road 172. The impact caused both vehicles to spin out of control and both collide with orange trees. Rader’s three children – Kyleigh, 5, Hunter, 3, and Austin Rader, 1 – were all killed despite being in proper safety restraints. Rader, 26, who was wearing a seatbelt, had major injuries and was airlifted to Community Regional Medical Center in Fresno. Armstrong, 27, was not wearing a seatbelt and was ejected from his pickup and landed in an orange tree. He had major injuries and was airlifted to Community Regional Medical Center in Fresno. Rader was released from the hospital a few days later. Armstrong remained in the hospital for several weeks.
The Raders originally filed the lawsuit on Nov. 19, 2007 for personal injuries and wrongful death citing causes of vehicular negligence, general negligence and emotional distress. While the lawsuit claims that the accident “was obviously caused by the inattention of the driver Joseph Armstrong who ran the stop sign,” but that the county “failed to properly maintain the subject roadway, traffic control signals and their public right-of-way.” The lawsuit pointed out that earlier in 2007 the county paved over the “STOP AHEAD” road markings on Road 172 and that the stop sign and “STOP AHEAD” warning about 500 feet from the intersection were obstructed by surrounding orange trees.
However, other court documents state that a photograph of the scene “clearly depicts unobstructed conditions of the “STOP AHEAD” sign and that the county “trimmed the trees around the stop sign in February 2007, just seven months before the accident” and that the “STOP AHEAD” sign was in “excellent condition.” Part of the lawsuit centered around the county ordinance requiring a 10-foot setback for newly planted vegetation from the right-of-way. The lawsuit argued that the county made no effort to enforce the setback or to inform farmers of the ordinance. The county countered by stating that the ordinance only governed vegetation planted in the last five years. The landowner testified that the trees were planted in 1962.
The settlement was reached the day before a trial readiness hearing. An impending trial date was already set for March 16.
“This is a tragic situation and we are very sorry for their loss, but the County did and still does deny any liability in the accident,” Bales-Lange said. “We were prepared to go to trial and were offered mediation at the request of the plaintiff.”
Bales-Lange said the county’s insurer recommended the settlement for “fiscal reasons” because any case involving the death of children is extremely high risk. She said all but $250,000 of the $1.36 million settlement is covered by county’s insurance.
Armstrong was sentenced to 90 days in jail and 36 months probation on July 1, 2008 after pleading no contest to three counts of vehicular manslaughter.
The intersection was a two-way stop where eastbound and westbound traffic on Avenue 336 was controlled by stop signs. The crash was the second fatal collision at the intersection that year. Three adults and a child from Woodlake were killed in a wreck Feb. 13, 2007 when a 1993 Mercury Tracer traveling westbound on Avenue 336 pulled out in front of a 2006 Dodge Ram traveling southbound on Road 172. Only one of them was wearing a seatbelt.
The two collisions prompted Tulare County’s Resource Management Agency to compile an accident report on the intersection and eventually the Board of Supervisors approved RMA’s recommendation to add stop signs to northbound and southbound traffic on Road 172. Trees along Road 172 were also trimmed back to improve visibility, which was considered to be a factor in both accidents.
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