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The purpose of this final essay on the Kim Family tragedy is to present some photos which I took today on my return trip from CA while I was on I-5 in Southern Oregon (I drove down to CA from OR on 12/12 along I-5, just a few days after James Kim's body was found, and I returned today). The reason I took these photos was to show what I consider to be the legally problematic position of the State of Oregon should the estate of James Kim bring a lawsuit against the State. This "evidence" has not been commented on other than in my previous essay. Let me be quick to add, from a legal perspective, that the Kim's bear some responsiblity for getting lost. They ignored common-sense signs, and posted warning signs, that should have dissuaded them from taking the narrow road from Galice (OR) to Gold Beach (OR) on the Coast on Nov. 25. But the state also bears some responsibility. We now know that the lock to the gate of the spur road, down which the Kim's drove, never to return, was not cut by vandals but simply wasn't secured by the state or local authorities. That is a crucial piece of evidence in the case. But what do you make of the following?

The Context for Understanding the Pictures

The Kim's had a reservation at a resort on the Southern Oregon Coast at Gold Beach for Saturday night, Nov. 25. They proceeded down I-5 from Portland. The most "normal" route to take to the Coast would be State Highway 42 from Roseburg to the Coast, and then down to Gold Beach. They "missed" that turnoff. The pictures below might explain this. We should note also that the Kim family stopped after dark for a meal at Denny's in Roseburg. Denny's is at Exit 125. The turnoff for State Route 42 to the Coast is at Exit 119 (numbering of exits is from the CA border to the South). Thus, they would have gotten on I-5 heading South, looking for the turnoff to the coast through Route 42. The turnoff came in six miles. But, as luck would have it, they missed the turnoff. No one has yet given an explanation of how they could have missed the turnoff, when it was marked on the map. Look at the following pictures as I explain them to you.

Approaching Exit 119

I took the following two pictures today, Dec. 19, on the way back to Salem, OR from CA. I drove to Roseburg, turned around, came back on I-5, pulled over on the shoulder of the highway right before the State Route 42 turnoff and took these pictures. Here is the first:

This isn't a great picture, but it isn't bad. I am on the shoulder of the road. The sign, labeled Exit 119, has a turnoff to Highway 99 on the left, and then the one on the right, as you see, is blocked by the pine branch. That number on the right is "42." In other words, the only "advance" warning of exit the Kim's had showed the "42" blocked by the pine tree.

Let me see if I can come up with a better picture. Here is one (believe me, cars were zooming past as I was trying to take pictures, so you can understand a little of my nervousness.)

Ah, now you can see the sign even clearer. I had to eliminate the perspective of the three lanes of traffic in order to get as close to the sign as possible. I couldn't go out into the traffic to take a picture, of course. What do you see? Well, of course, you can't see the "42" behind the pine branch. If the Kim's were traveling in the right lane at a reasonable rate of speed, there is almost no way they could have divined that Route 42 was coming up. They probably saw the "99," but that is all.

Conclusion

Should the Oregon Department of Transportation ("ODOT") be responsible for keeping the pine branches trimmed? You betcha. Does this growth over the number "42" constitute negligence on the part of ODOT? Probably. What is the "legal weight" of the photo? Well, only the lawyers could tell you. But, at least for me, this makes the issue of responsibility a bit more murky. I could understand how the Kim family would "miss" this sign, not see the exit sign at the exit because they weren't "ready" for it, continue driving South and then conclude that they might as well go on towards Grants Pass since it looked like there was a clear route to the coast there. Even if their maps said that route 23, from Grants Pass to the Coast was "closed in Winter," they might have decided, logically, that Winter really didn't begin for four weeks. Thus, they drove on....to tragedy.

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