Suit filed over 166 accident

A Nipomo man’s surviving relatives are suing the state, the Department of Transportation and Santa Barbara County, claiming a February 1998 fatal accident on Highway 166 should have been prevented.

Michael Tye, 37, drove off the road and plunged 30 feet into the Cuyama River on Feb. 24, 1998. His body has never been found. But, earlier this month, San Luis Obispo County Superior Court Judge Barry Hammer declared Tye dead, allowing attorneys to proceed with the case.

Just before the early morning accident, flood waters had caused 300 feet of the road to collapse.

It wasn’t the first time the road had faltered, said Lou Koory, an attorney with McKiernan Law Office, who is representing the San Luis Obispo family.

“There were prior washouts at that site in 1969 and 1978,” he said.

According to the suit, the defendants failed to maintain the road and failed to warn motorists of possible hazards that might occur along that road. The suit also alleges that the defendants knew the roadway was defective and had ample time to warn motorists.

Daniel Wiener, attorney for the Department of Transportation, could not be reached for comment.

Two California Highway Patrolmen also were killed when their vehicle plunged into the water. And Steve Miller, of Santa Barbara County, was seriously injured when his car fell off the road.

He is a co-plaintiff in the Tye lawsuit.

While investigating the incident, Koory said, the plaintiffs will seek to determine why the road was open and exactly what led to the washout.

To do so, he said, he will explore the history of the highway.

“The road was redesigned in ’57,” he said.

That redesign may have affected the direction of the river flow.

Michael Tye’s survivors — including his father, two brothers, and a sister — suffered the loss of Tye’s affection, comfort, care and support, according to the suit.

A jury will decide what, if any damages, should be rewarded. But, Koory said, money is not the issue.

“The issue is finding out how this tragedy could have been avoided,” he said.

The suit also names Santa Barbara County and the city of Santa Maria as defendants.

San Luis Obispo County could be added to the list later.

“They could be,” Koory said. “They’re not named presently.”

The lawsuit, first filed in Santa Barbara County in March, was transferred this week to San Luis County Superior Court because the accident is believed to have occurred on the San Luis Obispo County side of the river.

The city of Santa Maria will likely be removed from the suit, but Santa Barbara County will remain at least for a while.

Steve Underwood, Santa Barbara County’s counsel, said he doesn’t expect the county to remain a defendant.

“It was a state highway,” he said.

“We believe that we did not have anything to do with this particular accident.”