Board of Examiners rejects claim by woman injured in wreck

A woman injured in an accident at the intersection of College Parkway and Hot Springs Road was refused $50,000 by the state Board of Examiners on Wednesday.

Jeanette Ogilvie, 68, was headed west on College Parkway when her van was struck by another vehicle that failed to stop at the sign. Neither Ogilvie nor the occupant of the other vehicle worked for the state.

At the time of the April 13, 1999, accident, the intersection was a two-way stop with College Parkway having the right-of-way. A low concrete divider, called a "worm," was later built to prevent traffic from crossing College Parkway. The "worm" was removed for recent construction work.

Ogilvie asked the state for $50,000 as a result of an accident, saying the state has some responsibility to help with her medical costs because "it's a very bad intersection."

"Anybody speeding would be on the stop sign before they'd seen it," she said.

She said she already collected the $100,000 maximum allowed by the other driver's insurance and another $15,000 from that person's mother.

Because the state modified the road approaching the stop sign after her accident to make drivers slow down, Ogilvie said, officials must have realized it was dangerous.

"I feel the state was at least 50 percent responsible," she said. Because of her injuries, she may need expensive surgery.

But Attorney General Frankie Sue Del Papa said paying her could open the state to numerous other claims in similar situations.

"I really think you would open the door to a lot of liability we are not in a position to handle," said Del Papa.

Deputy Attorney General Creighton Skau said a "stop ahead" sign is visible before drivers get to the intersection.

Although sympathetic to Ogilvie, Gov. Kenny Guinn and Secretary of State Dean Heller agreed and voted to deny the appeal.

In addition, the board:

-- Approved a $49,999 payment to Anna Weakland who was rear-ended by a state-owned vehicle and suffered jaw and neck injuries in 1997.

-- Denied Theresa Brewer's claim for $500,000 for injuries suffered when the vehicle she was riding in crashed on Interstate 80 in Reno. She suffered a broken neck and back and argued the state is liable because there were no signs on the freeway warning that the road might be icy. But the highway patrol report of the wreck said road conditions were snowy and icy at the time and that the van was traveling at 70 mph. The driver was cited.

-- Approved Nancy Weedon's claim for $13,000 in medical expenses after a state worker rear-ended her vehicle during rush hour traffic in Las Vegas. The report said the state worker was distracted as he reached for a cell phone.

-- Rejected Erik J. Jacobs's appeal seeking $263.31 to repair his windshield he says was damaged by a rock thrown up by a pilot vehicle driving through a construction zone. The report said the vehicles were traveling 5 to 7 mph at the time and there were warning signs of loose gravel. Investigators said a vehicle going that slow couldn't throw a rock hard enough to crack a windshield and that Jacobs should have been traveling far enough back that he didn't get hit by any rocks.