Amanda Is 4th to File Crash Claim

Amanda Arthur, who spent months in a coma after a car crash last spring, has taken the first step toward suing Newport Beach by filing a claim against the city Friday.

Three others who were in the car that night, all classmates at the time at Newport Harbor High School, also filed claims this week, as the drama began moving into what promises to be a lengthy legal struggle.

“This is a way to start the ball rolling,” said James J. DiCesare, who represents Kevy McNeill, 17, and William Watson, 18, in claims against Newport Beach. “This is a real tragedy. It’s quite a special and tragic case.”

Also filing a claim this week was 18-year-old Daniel T. Townsend. Others are expected to do so within the next few weeks, accusing the city of being at least partly responsible for the crash that killed one teenager and injured nine others.

The four claims allege the city was negligent and reckless in the design and maintenance of Irvine Avenue around Newport Bay because of sharp curves, “improper” road banking and a sprinkler system that left the road wet.

Arthur’s claim alleges the roadway caused driver Jason Rausch to lose control of the 1989 Chevrolet Blazer.

Ten Newport Harbor High School students were crammed into the Blazer shortly after midnight on May 23 following a party. As they drove south on Irvine Avenue, the Blazer spun and rolled, throwing eight of the youths from the vehicle.

Donnie Bridgman, 18, was killed. Arthur, then 17, remained in a coma for more than 11 weeks. Townsend was hospitalized in critical condition with a brain injury.

Rausch faces a count of felony vehicular manslaughter.

Under state law, any claims against governments must be filed within six months after an accident and before civil suits are filed. The claims reserve the right of the teens to sue the city.

Once lawsuits are filed against the city and any others accused of being at fault, they are likely to be consolidated into a single case in Orange County Superior Court. Once that happens, a jury would decide which parties bear which portion of the responsibility for the fatal wreck.

The claims do not specify dollar amounts of damages. However, they cite medical and nursing care costs and loss of future income.

In the crash, Arthur suffered multiple skull fractures, injuries to the brain, right-sided paralysis and permanent mental and physical disability, according to her claim. Claims filed by other teens list injuries including skull fractures, internal organ damage, scalp lacerations, permanent facial scarring and continuing dizziness and headaches.

She made headlines when she emerged from her coma and again when she was named homecoming queen for Newport Harbor High. She has recently been released from the hospital to continue her recovery at home.