The City of Morgan Hill reached a settlement with the family of a man who died after he was struck by an impaired driver while crossing Butterfield Boulevard on a Segway in October 2011.
The City agreed to pay the family of Marschelle Syverson, a San Jose resident who died at the age of 72 due to injuries suffered in the accident, a settlement of $145,000, according to an agreement authorized by the City and Syverson’s estate in December 2013.
Syverson was struck by a vehicle driven by Dick Chappell, an 83-year-old Los Gatos resident at the time, when he was crossing Butterfield Boulevard at Jarvis Drive Oct. 23, 2011, according to police. Syverson was riding a Segway motorized scooter through the crosswalk when he was struck by Chappell’s vehicle, which was traveling north on Butterfield Boulevard.
Chappell remained at the scene following the accident and was arrested by Morgan Hill police, according to authorities. Syverson was transported to an area hospital, where he was pronounced dead hours after the accident.
Chappell was subsequently found to be impaired at the time of the accident, and was charged with felony vehicular manslaughter while intoxicated, according to authorities.
He has already been convicted and sentenced for the crime, according to Syverson’s son Joe Syverson, 50. Chappell was sentenced to 18 months in jail, but he only served about nine months, Joe said.
“He’s already out, unfortunately,” Joe Syverson said. “Because of his age and, apparently, (his) early military service, the judge cut him some slack. (Our) family wasn’t happy about it.”
Syverson’s wife and four adult children filed a lawsuit against the City following the accident, in which they claimed the intersection at Butterfield Boulevard and Jarvis Drive was poorly and dangerously designed.
This design included rows of waist-high plastic “traffic delineators” leading to the intersection, as well as vegetation which could obstruct the view of approaching motorists, and a lack of signage or lights warning motorists of the approaching crosswalk, and thus contributed to the accident, according to the Syverson family’s original complaint filed in Santa Clara County Superior Court in July 2012.
The Syversons’ lawsuit also blamed Chappell’s friend for allowing him to continue driving from Morgan Hill to his home in Los Gatos, even though his friend knew he was intoxicated.
The City filed a response to the Syversons’ lawsuit in November 2012, and denied the accident was caused by the intersection design or any other action on the City’s part.
The settlement between the City and the Syverson family, which was announced by the Morgan Hill City Attorney’s office Tuesday, renders the original accusations against the City moot. The settlement agreement also says the two parties agree not to pursue further legal action against each other in relation to the same case, and is not an admission of guilt or responsibility by either party.
The $145,000 to be paid by the City to the Syverson family will be funded by the City’s “self-insured insurance coverage” through the Association of Bay Area Governments Pooled Liability Assurance Network, according to City Attorney Renee Gurza.
Syverson’s widow, Dian Syverson, said the $145,000 settlement was “less than we asked for,” but she didn’t specify the original sum requested.
“I’m glad we’re finished,” Dian Syverson said. “It’s not the most pleasant experience in the world to have to go through a lawsuit.”
Marschelle and Dian were married for 51 years before Marschelle’s death, Dian said. The couple have four grown children. “They’re in their 50s now, but two of them worked with their dad for quite a while,” she said.
The father and two sons owned and operated Engineering Techniques, Inc., an electrical discharge machining manufacturer located on Digital Drive in Morgan Hill.
Marschelle Syverson founded the company in San Jose in 1976, and his sons Joe and Mark still work there, according to Joe Syverson. Dian Syverson is listed on the company’s website as president.
“It was a great loss to the family, and we’re struggling to move on,” Joe said. “I miss my father a lot. He was my employer all my adult life.”
Dian Syverson added that her husband’s sudden death left her “numb for a while.”
“He was a great person, very intelligent, inventive. Very hard working. I miss him every day,” Dian said.
