Paralyzed driver to sue county after crash
by Peter Burke / Press-Banner
Nov 12, 2009 | 2129 views | 53 53 comments | 12 12 recommendations | email to a friend | print
Allie Pomianowski
Allie Pomianowski
slideshow
Allie Pomianowski, a 2007 San Lorenzo Valley High School graduate, is back at home after spending months in the hospital following a car accident that broke her neck, leaving her a quadriplegic.

Pomianowski lost control of her car April 7 on Mount Hermon Road in Felton and spun into the opposite lane, where she was struck by a pickup driven by a Santa Cruz County worker.

“Since the accident, Allie and her parents have been involved in a terrific struggle because of the catastrophic nature of her injuries,” said attorney Michael Moore of San Francisco.

Moore plans to file a suit against the county on Pomianowski’s behalf to pay for medical expenses.

Santa Cruz County supervisors denied the claim Oct. 27, a regular step in injury or accident claims.

“We have done an informal investigation and disclosed a number of problems with the road and the accident history of the road,” Moore said.

In a brief description submitted to the Santa Cruz County Board of Supervisors, Moore’s claim challenged the safety of the roadway, drainage, signage and the speed of the county worker on the wet roadway.

“We feel his speed was in excess of what it should have been in the conditions,” Moore said. “On a personal level, it’s tragic circumstances for him, too, being involved in a serious accident like this.”

For more information about Pomianowski, visit www.rallyforallie.blogspot.com.
comments (53)
« SLV Lifer wrote on Monday, Dec 14 at 12:31 AM »
Dec. 13 12:00 PM, about an hour after rains had stopped I took a trip east and west on Mt. Hermon Road where this accident occurred. No running water, no standing water and in fact; the curve going east where Allie's car lost control was much easier to negotiate than the westbound lane where the county vehicle was hit by the out-of-control Mustang. So much for Mr. Moore's five month formal investigation by experts before filing a claim. Mr. Moore is a con artist motivated by trying to scam money out of the county, Ford Motor Company and several county employees.

There is nothing wrong with this road or the vehicle of which there are many in Santa Cruz County alone. There may have been a problem with this individual Mustang as it was privately maintained and probably not on any kind of maintanence schedule as many private vehicles aren't.

Mr. Moore has made a living being a slimy, disgusting trial lawyer suing innocent people and ruining innocent lives. He gives good lawyers a bad name. Unfortunately lawyers don't like to sue each other so crooked lawyers can make a very good living. Mr. Moore could care less about the people he represents or what is right or wrong. He cares about lining his pockets. When will the foxes stop guarding the hen house?

« dabney2 wrote on Wednesday, Dec 02 at 07:19 AM »
Has the family of this young woman even considered the damage their daughter inflicted to the occupants of the county vehicle? Have they ever inquired as to the condition of the victims, shown compassion and caring for another human being or even showed one moment of sympathy for anyone other than themselves???

I'm greatful the other people were not injured to the extent that Allie was and I'm sure their physical wounds will heal but I'm also sure there will be emotional and psychological scars for years to come over having watched this young woman's car careening into them while they sat there and could only watch. Pure horror and now to involve them in a lawsuit is beyond the respectable bounds of civility.

I just think it stinks that the Pomianowski's have not once acknowledged the other people involved, other then to sue them.

« z'smom wrote on Thursday, Nov 26 at 12:50 AM »
I can understand the initial fear, shock and horror the family of this young woman must have felt the first days and weeks after the accident. Imagine trying to get your mind around your child lying there, broken, paralyzed and near death. I would not hold her accountable for her statement of that time regarding there being no one to blame. At that point I am sure she wasn't thinking clearly. I would not have been.

But that was almost seven months ago. It is apparent that, with out miracles and/or grand advances in the healing of spinal cord injuries, this young woman is going to remain pretty much as she is now. It is unfortunate. It is not fair. It is tragic.

At some point soon, I pray that the mother of this young woman realizes the reality of the situation and releases the victim of her daughter's accident from ANY liability in the matter. Given the facts posted by what looks like victims and witnesses here, and also supported by the CHP report, Mr. Moore KNOWS that he hasn't a valid case and is only hoping that the county will settle out of court. I hope the county refuses to settle, then turns around and sues the insurance carrier that covered Allie's car for the destruction of its vehicle and the damages to its' employees, along with their medical care and time off work (over three months for one of them). Then, I hope the poor man driving the county vehicle sues the pants off Mr. Moore for his unethical legal practices and false accusations. Sir, you are pathetic and all the money you have made in your chosen career will never make you an honorable man.
« No boubt wrote on Tuesday, Nov 24 at 10:20 AM »
I mean "NO" doubt about it
« A victim wrote on Tuesday, Nov 24 at 08:50 AM »
Thank you, Another Witness and everyone who expressed support for the victims in the other vehicle and acknowledged the frivolity of this lawsuit and rape of the justice system. It feels like the perpetrator of a crime is sueing the victim for damages. Insult to injury, do doubt about it.
« another mom wrote on Tuesday, Nov 24 at 07:04 AM »
I am in total agreement of the below poster. Please pray that these VICTIMS get the help they need to fight off this selfish and cowardly attempt to scam the community. I hope that when Deborah P. reads this, she will realize the wrongfulness of her counsel and get on with taking care of her daughter.

If she doesn't, then it supports the claims made by many and I will not support the Pomianowski's personal mistakes anymore than anyone on this planet supports mine. Self responsibility is what this is about. Not dysfunctionally passing it off on others in an attempt to avoid what has been brought upon your family through your own ...whatever you want to call it. It's not right.
« Another Witness wrote on Monday, Nov 23 at 07:45 PM »
So! A denial of the claim is in order since the claim has no merit. Why no merit? The CHP accident report says that the young driver was 100% at fault. The witnesses said the young driver was 100% at fault. The debris from the accident was not in the eastbound lane where the young ladies' vehicle came from but all in the west bound lane where this head on collision left two innocent victims with life-long but not life-threatening injuries and affected their ability to earn a living since the accident.

What happens here? If the suit is thrown out or the jury denies the suit Michael Moore is out every penny his firm put into the investigation including testimony by experts, which attorneys buy like bananas,in bunches. The falsely accused are again working within a nightmare that should have faded. A loan for a car or home loan would be denied even though falsely accused. Credit card loans could be called for payment. They may even have to file bankruptcy. No chance for college for their kids since every saved penny would be sucked up in this crooked scheme. Road repair? Won't happen! Ask Michael Moore to take care of it. Mr. Moore is a well known attorney to municipalities. He sues and hopes to settle before he might have to show his skills in court.

No one would deny the other victims the abilty to sue. They should sue! They have been affected by the reckless driving of a 19 year old girl in a car too powerful for her driving skills on a road that was compromised by rain but not compensated for by a young, inexperienced driver. Mr. Moore and the Pomianowski's have affected the other two victims by falsely accusing the driver of contributing to the cause of the accident. Accept responsibility for this accident!

Folks! Lets think about this. Allie's blog should have initially said; " My daughter was in a horrible accident on a rainy day" and left it at that. Instead it says; " Through no fault of anyone". There are plenty of avenues to get help, not by taking money from innocent parties. Fundraisers? Forget it! You might sue the attendees. Nobody would show up! Sympathy? Forget it. Taking millions from Santa Cruz County? That will help get roads repaired.

Michael Moore, Pomianowski's and anybody in support of this scheme. You should be ashamed of yourselves.

« MS in MD wrote on Sunday, Nov 22 at 03:09 PM »
Reasonable Person - I've lived here for over 8 years, and drive that stretch of road every day, in all kinds of weather. I just drove it in the rain yesterday. I DO argue with you about how dangerous it is. I've seen several, NOT HUNDREDS, of accidents on that curve ... every single one of them coming downhill towards Felton, hitting the curve too fast and ending up in the ditch (not always upright). This is first one I know of heading uphill, from the stoplight, towards Scotts Valley.

We're not talking about universal healthcare, that's a different topic. I'm sorry they are saddled with the high medical bills. Now they have the lawyer's bill on top and are trying to assign BLAME for the accident on anyone with deep pockets. You should read the filing!!!

It's a really sad situation.

« Santa Cruz Parent wrote on Saturday, Nov 21 at 11:21 AM »
Reasonable Person - as it has been stated before, just because it has been done before does not make it right. I find it sad that the parents feel the need to allow a lawyer to go after a VICTIM. The VICTIM being the poor man who hit her when SHE drove into HIS lane. I bet his life was changed that day too. He has to live with the image of his car hitting her. He did nothing wrong, yet now the lawyer is saying he was speeding and is to blame? Nice. I really hope the county does not settle this and takes it to court. We all know who will win in the end - Mr. Moore - not the family. His firm will receive a nice paycheck either way.

I have lost all sympathy for this family. They are seeking a payout for their childs accident. Sad really.
« anonymous wrote on Saturday, Nov 21 at 08:41 AM »
"She did everything a reasonable person would have done"

maybe given your reasoning abilities..apparently not the general consensus.

Just because people have sued for "crazier" things does not excuse another legal attempt to suck off the county coffers for a teenager's mistakes.

as stated before..JUST BECAUSE SHE CAN DOESN'T MEAN THAT SHE SHOULD.

« anonymous wrote on Saturday, Nov 21 at 08:41 AM »
"She did everything a reasonable person would have done"

maybe given your reasoning abilities..apparently not the general consensus.

Just because people have sued for "crazier" things does not excuse another legal attempt to suck off the county coffers for a teenager's mistakes.

as stated before..JUST BECAUSE SHE CAN DOESN'T MEAN THAT SHE SHOULD.

« Reasonable Person wrote on Saturday, Nov 21 at 12:50 AM »
I cannot believe what I am hearing!All of you should be ashamed of yourselves. First of no body knows what they would do in this situation.People have sued for crazier things than this.That road is dangerous,no matter what speed you are going! I have lived there all my life,and seen hundreds of accicents around that turn. Anyone who actually lives there,can't argue.Second,why are all of you so caught up in an article? Has anyone actually called or asked the mom or the victim any questions?Were any of you there?No!(aside from the people who identified themselves as witnesses of course) Making harsh and heartless remarks hiding behind a website,based on an article which could or could not be accurate,is ludicrous.Third,we as a county pay for all kinds of things,including people who sue.How many of you have ever looked twice,or been so concerned with a homeless person?Or a drug addict?Or a pregnant woman? News flash,we pay for them too.I don't know about you,but I would rather help a family pay for their daughters care for her lifetime,then pay for another homeless drug addict to ask me for money,or whatever the situation is.Have a friggin heart!My god.Imagine if that was you.She did everything a reasonable person would have done.
« Hey Mr Moore wrote on Friday, Nov 20 at 09:36 AM »
You need to add to your list of people/companys to sue. How about the tire maker, the gasoline station (would'nt have happened unless someone sold her gas). Don't forget God. He made it rain.
« Another witness wrote on Thursday, Nov 19 at 08:18 PM »
The young lady was securely strapped in her safety belt and in the car, not thrown from the car as the Sentinel reported after the first fundraiser as claimed by a person at the fundraiser. The first person to get to her was the driver of the truck who was pulled off by an off duty EMT. The driver of the truck also found a way to get to Valley Medical Center to check on the condition of the young lady the following day. The driver of the truck also brought a number of people to the fundraiser and generated several hundred dollars to the cause while listening to a young woman claiming to have rescued Ms. Pomianowski after being thrown from her vehicle.

Do you think the Moore Legal Group contacted the driver of the truck? Of course not. They would rather contrive a story and hire witnesses.

Read the Accident Report folks and stop dealing with sleazy, underhanded low,life attorneys who make promises to simple-minded people for millions.
« involved wrote on Thursday, Nov 19 at 08:06 PM »
Allie was wearing a seatbelt.

Careful of the woman at the coffee roasting company. She did NOT do the things she said she did and is not even clear on the facts of what happened or how it happened. Allie was NOT thrown out of the car, as this same woman stated previously. There were people on the scene, immediately, including someone with Medical training who took charge of the situation until ER response arrived.

Absolutely, this is about the taxpayers having to cough up a lifetime of care for this unfortunate young woman. Would I do the same if, one day, I were in a similar position, KNOWING the truth of the matter, beforehand? No way. That would be a huge deception and fraud on the entire community who had been, up to that point, been so very helpful in so many ways.

So truly sad.

« Santa Cruz Parent wrote on Thursday, Nov 19 at 06:27 PM »
Sorry you are sadden Whitney. But we the TAX PAYERS have a right to step up and say how we feel about this. This lawsuit affects US in our pocketbook. This young lady made a terrible mistake and now her family expects US to pay to care for her. Suing the county, Ford, etc is simply seeking a deep pocket to dip into and that is wrong.

I was in an accident when I was a teen. My friend ran into the back of a truck and I broke both my legs in the accident. Never did my parents even THINK of suing the family, the truck driver, the city, etc. It was an accident - accidents happen.

I stand by my statement that Mr. Moore is nothing but a deep pockets ambulance chaser.
« MS in BD wrote on Thursday, Nov 19 at 06:13 PM »
It became the public's business when we found ourselves at the target end of a lawsuit.

I'll step back when the lawsuit is dropped.

Until that happens, I won't just roll over and let the blame be shifted and my pocket be picked.

Allie made a mistake and will pay a terrible price for the rest of her life. Be thankful she didn't kill anyone. Let it end there.
« whitney todd wrote on Thursday, Nov 19 at 05:40 PM »
I am somewhat saddened to consider myself part of a community that would publish such a personal matter, but I am greatly appalled to see people judge and ridicule over an issue that no one can relate to nor understand. Step back, stop playing the blame game and use your compassion.
« Santa Cruz Parent wrote on Thursday, Nov 19 at 04:23 PM »
Mr. Moore - I have 4 words to describe you; deep pockets ambulance chaser.
« Mom of teens wrote on Thursday, Nov 19 at 02:52 PM »
Is it true that she was not wearing a seat belt? I heard from a friend of someone at Mountain Roasting that they were one of the first on scene and it didn't appear that she had a seat belt on. If so I wonder if this will also be taken into account? This is truly a tragedy but one that many teens could learn fron i.e. speed, seat belts etc.


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