$9 million settlement in horrific I-5 crash

Published 9:00 pm Tuesday, December 12, 2006

MARYSVILLE – The family of a Bothell teenager who died in 2004 after a vehicle plowed through a cable barrier on I-5 has agreed to drop litigation in the case in exchange for $9 million.

The state Department of Transportation will pay $2 million, while the driver responsible for the fiery crash, Juliann Odom of Bellevue, will pay $7 million, Seattle attorney Mike Nelson said Tuesday.

The settlements come two years after Megan Holschen, 18, was killed and her mother and younger sister seriously injured in a crossover crash on I-5 just north of Marysville. Holschen’s two younger brothers also were hurt in the Dec. 15, 2004, accident.

“We’re definitely pleased a settlement has been reached,” Megan’s father, John Holschen of Bothell, said. “It remains difficult to comprehend, however, that a monetary settlement is (in) some way compensation for our daughter. Anyone who is a parent realizes it’s not.”

Megan Holschen’s death led to a close examination of whether the freeway’s barrier was working as intended.

An investigation by The Herald in July 2005 showed that the cable barriers in the freeway median were not working as designed where she died along a three-mile stretch north of Marysville.

An analysis of accident data by the newspaper showed that barriers failed to stop cars crossing the median 20 percent of the time along that portion of the freeway.

In January, the state released findings of a similar analysis of 10 miles of I-5 north of Marysville.

The state found that the barriers work 95 percent of the time at other locations, but concluded that the cables in that three-mile area allowed small vehicles to slip under because the barrier had been installed at the bottom of the ditch.

The state installed a second strand of cable barriers in August. The project cost about $2 million.

In the claim against the state, the Holschens alleged transportation officials were negligent when they incorrectly installed the cable barrier by placing it in the ditch in the median. They further claimed state officials failed to fix the problem when it was brought to their attention years before Megan Holschen died, Nelson said.

The state paid a settlement, but admitted no fault, said Bill Henselman, the Transportation Department’s risk manager. That is a standard clause in order to protect the state from future claims, he said.

The $2 million paid by the state to the Holschens is within the top 15 payouts by the Transportation Department within the last 15 years, Henselman said. The money will come from an insurance account paid for by gasoline taxes, he said.

The state has at least two other pending claims from families alleging that the cable barriers north of Marysville failed to protect I-5 drivers.

Shirley Jones filed a $10 million claim against the state after her husband, Dennis Jones, was killed in a crossover accident in October 2003, Henselman said. Aubrey Knapp, who was injured in a crossover accident in the Marysville area in June 2005, has a similar claim against the state.

Despite the claims, the state believes strongly in cable barriers.

Over the last year and a half, the state has spent $8.8 million installing 70 miles of cable barrier around the state, including adding the second strand in Marysville.

“We’re encouraged overall with the installation of cable barriers around the state,” said Dave McCormick, the department’s assistant regional administrator for maintenance and traffic operations. “We’ve documented several cases where the cable barrier has prevented head-on collisions.”

He said the second strand of cable barriers fixed an anomaly in Marysville that allowed small cars to duck under the old strand of cables and cross into oncoming traffic.

The accident that killed Megan Holschen involved a large sport utility vehicle that blasted through the barrier.

“I was happy to see the state attempt to rectify the situation,” John Holschen said. “I only hope they are looking retrospectively at any other areas that may have similar placement issues.”

Holschen said his wife and children continue to recover from their injuries. The winter cold seems to magnify some of their symptoms. His wife and daughter need ongoing medical treatment and could need additional surgeries, he said.

“We’re making progress,” Holschen said.

Reporter Diana Hefley: 425-339-3463 or hefley@ heraldnet.com.