Yvette Harden: A Tragic Tale, One of 15 Marsh Creek Road Accident Victims

One of the nations’ hot spots for defective roadways is California where two thirds of roads are in “poor or mediocre” condition according to the National Transportation Research Group. Roadway maintenance, specifically construction and resurfacing, is one of the three key factors that affect roadway safety and it is at the heart of the tragic 14 year history of serious vehicle accidents on Contra Costa County’s Marsh Creek Road. Attorney Steven Brewer of Gwilliam, Ivary, Chiosso, Cavalli, & Brewer represented one of the earliest victims, in this tragic pattern of accidents, Yvette Harden and family in 1994.

Marsh Creek Road: Tragic History, Pattern of Serious Accidents 1994-2008

The tragic pattern of serious accidents on Marsh Creek Road began in 1994 where 15 serious accidents occurred in construction zones during three repaving projects, over a combined 21 days, spanning 14 years. Yvette Harden”s crash was one of seven during a 1994 repaving project where the following conditions were present:

All occurred in construction zones
Five occurred before 10 a.m. on residual gravel from the previous workday
Each CHP accident report noted “loose material” or “loose gravel” on the roadway

Yvette Harden’s Accident

Yvette Harden’s catastrophic accident, like many of the others, was the result of loose material or gravel on Marsh Creek Road. Unable to control her car on the slick surface, Yvette careened onto the shoulder of the road skidding 70 feet and sailed off a driveway where the car rolled to a stop, upright, 50 feet from the road. The results were life changing as she suffered a spinal cord injury that would render her a quadriplegic as well as brain damage. Yvette, as it turned out, would require 24-hour-a-day care for the remainder of her life.

Pain and Suffering Leads to Tragic End

Although Mr. Brewer, who worked closely and diligently with Diane Hardin, was able to secure a $600,000 payment from Contra Costa County in 1997, the overwhelming pain from this accident would eventually exact the ultimate toll on the family. The brain injury suffered by Yvette left her with minimal impulse control leading to unpredictable and erratic behavior. According to Brewer:

“She could be charming one minute and scare the hell out of you the next. I liked Yvette. Deep down, if you could get through some of her issues, she was a nice, sweet person.”

Ending the Pain and Suffering

Diane, unable to properly care for her daughter, was forced to place her in a care facility. Thus, began a 15 year odyssey with Yvette moving from one facility to another. It was a terrible 15 years filled with pain and suffering for Yvette and Diane. While residing in the Oakland Springs Health Care Center, Yvette accused staff of mistreating her.

Diane Harden argued that her daughter expressed a desire to die. In failing health herself, Diane Harden walked into the Oakland Springs facility, the night of September 13, 2009, and fatally shot her daughter. Diane then committed suicide. This was the culmination of 15 years of suffering endured by Yvette and Diane; this accident and the lives it wasted should have never occurred.