GUILTY CA - Faith Tsarnas & Kiya Kitchen, Both 14, Die In Hit & Run, Fortuna, 12 July 2016

[Lilibet]

Bumping for Faith and Kiya. Here's hoping MK's trial is put on a fast track and happens in 2017. Not optimistic, but we can hope! :heartbeat:

 

[Lilibet]

From John Chiv....(paraphrased):

Apparently Marci Kitchen's attorneys have filed a claim on her behalf against the city of Fortuna. Ex-husband Joe Kitchen's attorney has done the same. It has something to do with the road where the girls were killed. However, Fortuna will reject the claim because the road is a county road outside the city limits.

So is MK saying "the road made me do it"? If I were Joe Kitchen, I wouldn't file a claim that could imply any excuse for my ex killing my daughter and her friend...and running. The fact that the road has no shoulders may have been a factor in the girl's being unable to avoid being hit. But since they shouldn't have been skateboarding on the road in the first place, the county shouldn't be liable for failing to provide shoulders. I don't know...is there a law that roads must have shoulders? Or should people (even kids) exercise common sense and avoid walking or riding (bike, skateboard, horse) on a road without shoulders?
JMO

http://johnchiv.blogspot.com/2017/01/according-to-claim-on-eel-river-crime.html

http://johnchiv.blogspot.com/2017/01/city-of-fortuna-staff-recommendation-is.html

 

[Laughing]

In general in North America, pedestrians have the right-of-way. A skateboard could possibly be considered a vehicle in some fringe way, but these young ladies are essentially pedestrians.

Right-of-way did not help them physically, could help them legally.

 

[Lilibet]

In general in North America, pedestrians have the right-of-way. A skateboard could possibly be considered a vehicle in some fringe way, but these young ladies are essentially pedestrians.

Right-of-way did not help them physically, could help them legally.

That's an interesting possibility regarding pedestrians. I usually think of them having the right of way when crossing a street rather than walking or skateboarding in the street. I recall cases in which people walking on a road or highway at night have been struck and killed. Generally, as long as the driver doesn't leave, there have been no charges filed because the pedestrian was somewhere a driver would not expect someone to be and was not visible.

I expect that to be MK's defense for running into the girls, although it wasn't totally dark. Her attorney will probably say that she wasn't expecting skateboarders in the road and couldn't stop in time. That may be a valid defense, but it doesn't factor in alcohol, possible speeding and leaving the scene.

On the other side, the prosecutor could argue that it wasn't dark, the road was straight and not heavily traveled and that the girls probably reasoned they could easily move out of the way into the other lane or even dive into the ditch. They were facing traffic, as they should have been. Even though it wasn't the best decision to skateboard there, I can see why they could have reasoned that it was safe. They may even have been allowed to do it before.

If Kiya's parents are filing claims with Fortuna (or the county) because the road has no shoulders (my theory, not necessarily fact), I don't think they will get very far. It is not the reason the girls were killed and is an attempt to lessen MK's responsibility. But it's a smart move by her attorneys if they win a settlement because it could be used at trial...."See, the county admitted the road was unsafe." I still don't understand why Joe Kitchen's attorney would think filing a claim is a good idea though.

 

[cvaldez1975]

go see what Jadianna Larsen's mother is suing for, appalling.

 

[Knox]

SMH. Marci Kitchen is suing the City of Fortuna? Sheer insanity!!!

The epitome of deflection; I was drinking & driving, hit and killed my own kid & her friend. Left the scene, hid my damaged vehicle in my back yard. Had someone drive me back to the hospital, all the while lying (by omission) that it was me who hit them. I only admitted guilt because I was identified by an eye witness, and the Cops came to my house.

"Ranked second this year is perennial hellhole California, where lawmakers, prosecutors and plaintiff-friendly judges inexorably expand civil liability and thus invite the nearly 1 million new lawsuits filed there each year,” Joyce explained. “Of course, the politically influential personal injury bar is enriched by such litigiousness, even as tightened state budgets make it increasingly difficult for state courts to keep up with the volume. Nonetheless, a very poorly reasoned state high court decision this year effectively invites even more out-of-state plaintiffs to clog dockets further.
http://www.atra.org/2016/12/15/junk...st-louis-atop-latest-judicial-hellholes-list/

 

[Lilibet]

Read this and gnash your teeth...here is the complaint filed by Marci Kitchen against the city of Fortuna for conditions contributing to the death of her daughter because they did not maintain the road, put up signs, etc that would protect pedestrians. Scroll to Pages 41-46.

http://friendlyfortuna.com/ArchiveCenter/ViewFile/Item/1520

"As a result of these dangerous conditions claimant's daughter was killed."

Kym Kemp's article has the link and also explains why Joe Kitchen also filed. It makes sense to me now.

Attorney Zach Zwerdling, who represents the father and brother of the deceased girl explained that the claim was necessary. “It was my decision to file,” he said. “The government code is very strict.” If, he said, Kiya’s brother and father did not file within 6 months (which would have been January 12) they never would have been able to file. “We anticipated that Griego and Okin [Marci Kitchen’s attorneys] would do that. It’s common in cases like this. We did this to protect Joe and Jevin’s rights.”

Joe and Jevin Kitchen's claim lists not only Marci Kitchen as a witness but also her boyfriend, Josh Pearlston and a Trent William Stewart.

​http://kymkemp.com/2017/01/13/woman...sion-files-claim-against-fortuna-for-damages/

As always, many of the comments are passionate and "colorful" so read at your own risk. If nothing else, read the first one about who else Marci should sue if she's going to sue about the road. There are two posters defending MK...some think it is MK.

 

[Lilibet]

Here is LoCo's take on the claim. They link the claim against the county which is said to be identical to the one against Fortuna.

Notably, the claim attributes no fault to Kitchen herself, nor does it even identify her as the driver of the vehicle. It says her daughter, Kyla Kitchen, “was struck and killed by a vehicle while riding a skate board on Eel River Drive, south of Kenmar, in Fortuna, California.”

https://lostcoastoutpost.com/2017/jan/13/facing-charges-killing-her-own-daughter-and-anothe/

Enter the Thunderdome comments at your own risk. The Country Club comments are somewhat more restrained and intelligent, but not all are. Obscenity on both.

 

[Lilibet]

The local MSM Times Standard weighs in.

“The geometry of the roadway, surrounding sight barriers, curvature of the roadway, inadequate signs and inability to avoid oncoming vehicles were physical features of the location that made it dangerous,” the complaint reads in part. “This location created a trap for motorists and for pedestrians.

According to the claim, Kitchen is seeking damages “for medical costs, and the loss of the care, comfort and companionship of the decedent, loss of household services, as well as property loss and/or damage and other damages arising therefrom.”
BBM

So Kiya was her maid?!!

http://www.times-standard.com/gener...rtuna-caltrans-county-state-over-deadly-crash

 

[Lilibet]

From KIEM TV.

The county issued a statement saying it will investigate the claim thoroughly.

Video at link.
http://kiem-tv.com/video/kitchen-files-claims-against-fortuna-humboldt-county

 

[Steleheart]

The local MSM Times Standard weighs in.

“The geometry of the roadway, surrounding sight barriers, curvature of the roadway, inadequate signs and inability to avoid oncoming vehicles were physical features of the location that made it dangerous,” the complaint reads in part. “This location created a trap for motorists and for pedestrians.

According to the claim, Kitchen is seeking damages “for medical costs, and the loss of the care, comfort and companionship of the decedent, loss of household services, as well as property loss and/or damage and other damages arising therefrom.”
BBM

So Kiya was her maid?!!

http://www.times-standard.com/gener...rtuna-caltrans-county-state-over-deadly-crash

From the link;
"“The geometry of the roadway, surrounding sight barriers, curvature of the roadway, inadequate signs and inability to avoid oncoming vehicles were physical features of the location that made it dangerous,” the complaint reads in part. “This location created a trap for motorists and for pedestrians."

So naturally with all those mitigating factors what kind of person would check if her daughter and friend you just ran over and killed were OK, and call 911? No most people would drive away and hide their vehicle and ask their other child to lie. After all it's the county's fault, what else could I do??

 

[Knox]

I drive to work on a section of two lane road which bike riders like to frequent. Its narrow, with a few blind curves, no shoulders and a 55mph speed limit. I have come around a curve, with an oncoming vehicle, and a bike in my lane. Because I know this, I drive well under the speed limit in some areas.

Marcie lived in that area so I assume she would have knowledge of the pitfalls stated in the lawsuit. Its called common sense and being a responsible driver. She's 40, been driving a few years now.

Obviously there are more things wrong with Marcie than her driving skills.

 

[tlcya]

What in the actual F?

 

[Lilibet]

What in the actual F?

:yeahthat: Comment of the day!!!

 

[Knox]

John Chiv said he spoke to Joe Kitchens attorney. They will be dismissing their claims against all government agencies on Tuesday, and pursue the only person responsible.

 

[Lilibet]

John Chiv said he spoke to Joe Kitchens attorney. They will be dismissing their claims against all government agencies on Tuesday, and pursue the only person responsible.

I wonder why his attorney reversed his position so quickly. There was a fair amount of comment backlash against both MK and JK for these claims, so perhaps JK wanted it dropped. Just guessing.

http://johnchiv.blogspot.com/2017/01/joe-kitchen-to-dismiss-claim-against.html

 

[Lilibet]

A little more detail about why Joe Kitchen withdrew his claim against Fortuna. It seems that it was the attorney representing him who filed to protect his interests because of MK filing her claim. Joe may not have known about it, I suspect, or realized how it would be perceived by the community. He will only seek compensation from the one responsible for his daughter Kiya's death.

Now, at the request of his client, Joe Kitchen, he plans to withdraw the claims as soon as he can which will be on Tuesday (Monday is Martin Luther King Jr. Day.)
However, Zwerdling warned, “In the event that Marci Kitchen on her own receives any money from public entities for what she allegedly has done, Joe and Jevin will take appropriate legal steps to prevent her from getting any compensation.”

http://kymkemp.com/2017/01/14/fathe...tuna-hit-and-run-drop-claim-against-city-etc/

 

[tlcya]

I understand wanting to preseve JK's right to make sure MK does not in any way profit from her killing their child. But I am glad his attorney is rethinking that strategy.

MK's claim is going nowhere fast. Except maybe tainting a jury pool. Her attorney should rethink this ludicrous claim she has filed. Unless of course that is the whole plan. Make her so known and hated that a jury can't be found to try her for killing her own daughter and depriving another mother of hers as well.

 

[Lilibet]

I understand wanting to preseve JK's right to make sure MK does not in any way profit from her killing their child. But I am glad his attorney is rethinking that strategy.

MK's claim is going nowhere fast. Except maybe tainting a jury pool. Her attorney should rethink this ludicrous claim she has filed. Unless of course that is the whole plan. Make her so known and hated that a jury can't be found to try her for killing her own daughter and depriving another mother of hers as well.

BBM

I wouldn't be surprised if dropping the claim is JK's doing. I can't prove it, but I think that when JK found out his attorney had filed the claim he asked his attorney to drop the claim. The backlash in the comments sections, and perhaps in person, was intensely negative, even toward JK. He lives in a very small town near where I used to live. It wouldn't be worth it to lose the abundant local support he's had. JMO

I agree with you about MK's attorney trying to taint the jury pool. As it is, she's already hated, but this claim pours salt on community wounds. If he keeps it up they will have to move the trial, unfortunately.

 

[Knox]

The facts of the case stand on their own. It won't take a local jury to convict, IMO. So if that is indeed a defense strategy, it's not going to work.