Judge: Wrongful death lawsuit over Highway 522 can proceed

The plaintiffs say median barriers are needed. The state says the road is safe, and major fixes are unfunded.

The state says the stretch of highway in question was “in reasonably safe condition for ordinary travel.” The plaintiffs say it was “inherently dangerous.” (Washington State Department of Transportation)

The state says the stretch of highway in question was “in reasonably safe condition for ordinary travel.” The plaintiffs say it was “inherently dangerous.” (Washington State Department of Transportation)

MONROE — A wrongful death lawsuit over conditions on Highway 522 can go to trial, a Snohomish County judge has decided.

The plaintiffs represent families who lost a total of three people in a 2014 crash. Two separate suits were rolled into one case earlier this year.

In recent weeks, the state unsuccessfully argued it had legal immunity and asked the judge to dismiss all claims.

In court papers, the state Department of Transportation said that the stretch of highway in question was “in reasonably safe condition for ordinary travel.” Meanwhile, the plaintiffs say it was “inherently dangerous,” and that median barriers would have stopped cross-over collisions.

Both sides cite crash data in their conclusions.

The 2014 wreck happened when a 24-year-old driver in a Mitsubishi Eclipse crossed the center line into oncoming traffic near Fales Road. Washington State Patrol troopers believe that he fell asleep at the wheel, drifted onto the shoulder, struck a construction barrel and overcorrected.

Stanley and Joan Kinger, who were in their 70s, were struck in their vehicle and suffered fatal injuries. The Mitsubishi driver’s baby girl, Isabella Rose Bednarski, also was killed.

Her father was issued a traffic infraction for second-degree negligent driving. He is named as a defendant in the suit. The Kingers’ relatives, Isabella’s mother and the estates are among the plaintiffs.

The Legislature hasn’t funded construction for new medians in that area, from Paradise Lake Road to the Snohomish River bridge, according to the state. There has been money set aside for analysis and design, but much of that isn’t available until at least the mid-2020s.

“It would be cost prohibitive to install median barriers on all two-lane roads,” the state argued in court. “Just installing median barriers at the subject location would costs tens of millions of dollars.”

Highway 522 has rumble strips between opposite lanes along the stretch near Fales Road, which the state says has significantly reduced head-on crashes since 1995. The plaintiffs say the rumble strips were inadequate.

Until 2003, Highway 522 was two lanes from east of Highway 9 into Monroe. There is a long-term plan to widen the length of it to four lanes, with median barriers. That work is being done in phases. About two-thirds of it has been completed — but not in the area of the 2014 fatalities.

Conversations also are ongoing about reworking the Paradise Lake Road interchange.

The wrongful death lawsuit is set for trial in January.

Rikki King: 425-339-3449; rking@heraldnet.com; Twitter: @rikkiking.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Vehicles travel along Mukilteo Speedway on Sunday, April 21, 2024, in Mukilteo, Washington. (Ryan Berry / The Herald)
Mukilteo cameras go live to curb speeding on Speedway

Starting Friday, an automated traffic camera system will cover four blocks of Mukilteo Speedway. A 30-day warning period is in place.

Carli Brockman lets her daughter Carli, 2, help push her ballot into the ballot drop box on the Snohomish County Campus on Tuesday, Nov. 5, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Here’s who filed for the primary election in Snohomish County

Positions with three or more candidates will go to voters Aug. 5 to determine final contenders for the Nov. 4 general election.

Students from Explorer Middle School gather Wednesday around a makeshift memorial for Emiliano “Emi” Munoz, who died Monday, May 5, after an electric bicycle accident in south Everett. (Aspen Anderson / The Herald)
Community and classmates mourn death of 13-year-old in bicycle accident

Emiliano “Emi” Munoz died from his injuries three days after colliding with a braided cable.

Danny Burgess, left, and Sandy Weakland, right, carefully pull out benthic organisms from sediment samples on Thursday, May 1, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
‘Got Mud?’ Researchers monitor the health of the Puget Sound

For the next few weeks, the state’s marine monitoring team will collect sediment and organism samples across Puget Sound

Everett postal workers gather for a portrait to advertise the Stamp Out Hunger Food Drive on Wednesday, May 7, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Snohomish County letter carriers prepare for food drive this Saturday

The largest single-day food drive in the country comes at an uncertain time for federal food bank funding.

Everett
Everett considers ordinance to require more apprentice labor

It would require apprentices to work 15% of the total labor hours for construction or renovation on most city projects over $1 million.

A person walks past Laura Haddad’s “Cloud” sculpture before boarding a Link car on Monday, Oct. 14, 2024 in SeaTac, Washington. (Olivia Vanni / The Herald)
Sound Transit seeks input on Everett bike, pedestrian improvements

The transit agency is looking for feedback about infrastructure improvements around new light rail stations.

A standard jet fuel, left, burns with extensive smoke output while a 50 percent SAF drop-in jet fuel, right, puts off less smoke during a demonstration of the difference in fuel emissions on Tuesday, March 28, 2023 in Everett, Washington. (Olivia Vanni / The Herald)
Sustainable aviation fuel center gets funding boost

A planned research and development center focused on sustainable aviation… Continue reading

Dani Mundell, the athletic director at Everett Public Schools, at Everett Memorial Stadium on Wednesday, May 14, 2025 in Everett, Washington. (Will Geschke / The Herald)
Everett Public Schools to launch girls flag football as varsity sport

The first season will take place in the 2025-26 school year during the winter.

Clothing Optional performs at the Fisherman's Village Music Festival on Thursday, May 15 in Everett, Washington. (Will Geschke / The Herald)
Everett gets its fill of music at Fisherman’s Village

The annual downtown music festival began Thursday and will continue until the early hours of Sunday.

Seen here are the blue pens Gov. Bob Ferguson uses to sign bills. Companies and other interest groups are hoping he’ll opt for red veto ink on a range of tax bills. (Photo by Jacquelyn Jimenez Romero/Washington State Standard)
Tesla, Netflix, Philip Morris among those pushing WA governor for tax vetoes

Gov. Bob Ferguson is getting lots of requests to reject new taxes ahead of a Tuesday deadline for him to act on bills.

Jerry Cornfield / Washington State Standard
A new law in Washington will assure students are offered special education services until they are 22. State Sen. Adrian Cortes, D-Battle Ground, a special education teacher, was the sponsor. He spoke of the need for increased funding and support for public schools at a February rally of educators, parents and students at the Washington state Capitol.
Washington will offer special education to students longer under new law

A new law triggered by a lawsuit will ensure public school students… Continue reading

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.