Multi-million settlement reached for motorcyclist’s injuries at I-5 onramp during construction

2015.0612.lawandorder.final

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By Sharyn L. Decker
Lewis County Sirens news reporter

CHEHALIS – A Rochester man who just recently has been able to return home after his motorcycle collided with a dump truck 16 months ago near a construction zone on a freeway onramp in Centralia is the beneficiary of an $18.5 million dollar settlement, approved by a judge today in Lewis County Superior Court.

Scott R. Bliss was 44 years old and a welder when the early morning wreck occurred on April 17, 2015 at the  northbound Harrison Avenue entrance to Interstate 5.

He spent about a month at Harborview Medical Center in Seattle, time in other medical facilities and was just released in July from a rehabilitation center for serious brain injuries.

A lawsuit filed on his behalf named Washington state, the state Department of Transportation’s contractor Scarsella Brothers Inc. and the driver, Wesley G. Snelson, from Galvin.

Judge James Lawler this morning looked over the agreement between the parties, which sets up a trust fund to provide for his medical care for the rest of his life.

“It seems an extraordinary amount of money,” Lawler said. “Of course there were extraordinary injuries, and that makes sense.”

Bliss and his longtime partner Cheryl Aton were present for the hearing. He rolled into the courtroom in a motorized chair, but didn’t address the court.

His lawyers answered Lawler’s questions. Viivi M. Vanderslice said both defendants denied any responsibility.

Chehalis attorney Joe Mano, there to look out for Bliss’s interests, said he was in agreement, remarking on his belief a Lewis County jury would have found a significant portion of negligence.

The attorney representing the state said he had nothing to add. No lawyer from Scarsella was present.

Vanderslice said it appears from their research, it’s the largest outcome for a civil matter in Lewis County Superior Court paid out to a single person.

According to the Washington State Patrol, a dump truck was turning onto the ramp from a construction site when the motorcycle entering the freeway struck its trailer. Bliss was ejected from his Harley Davidson. It happened shortly before 5:30 a.m.

The Mac truck driver was cited by the state patrol for entering the roadway the way he did, the plaintiff’s other lawyer, Kirk Bernard, said.

“They were allowing big trucks to make a U-turn at the end of an open freeway onramp, without flaggers, with no warning signs,” Bernard said. “We learned they’d been doing this for months.”

Bernard and Vanderslice are with the Bernard Law Group in Seattle.

There was no evidence Bliss was speeding, his headlight was on and he was wearing a helmet, Bernard said.

The defendants took the position Bliss was a rogue motorcyclist and ought to have been watching out for the construction vehicles, he said.

“The issue is protection of the public, and adequate and clear warning,” Bernard said. “This was preventable.”

Today Bliss can take as many as 40 steps.

“He’s been tinkering in his garage, playing with his dogs,” Bernard said. “And he’s hopeful about the future.”
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For background, read “News brief: I-5 construction area crash sends one to Harborview” from Friday April 17, 2015, here

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