SLO County says it’s not liable for presumed death of San Miguel boy lost in floodwaters
San Luis Obispo County should not be held liable for the assumed death of Kyle Doan, the 5-year-old who was swept away during an atmospheric river storm last year, the county claimed in legal filings earlier this month.
Kyle’s parents, Brian and Lindsy Doan, sued the county, the city of Paso Robles and Caltrans in October. The lawsuit alleged the responsible government agencies did not properly warn residents of the weather conditions that occurred on Jan. 9, 2023.
The kindergarten student and his mother, Lindsy Doan, were headed to school when their car was overtaken by water as they tried to cross a flooded road in San Miguel.
Bystanders were able to rescue Lindsy Doan but were unable to help her young son.
Kyle Doan has not been found despite several searches over the last year.
The lawsuit also claimed the road where the kindergartner and his mother got stuck was unlawfully approved.
The family is suing for negligence, dangerous condition of public property, failure to warn, wrongful death, survival action and bystander recovery of emotional distress, court documents show.
The county, Paso Robles and Caltrans filed their response to the lawsuit on Jan. 12. The agencies claim the lawsuit filed against them does not have merit.
The current lawsuit only pertains to the events leading up to Kyle being swept away. It does not address the search and recovery efforts that followed.
The county argued the Doan family was not specific enough in their allegations to merit the lawsuit.
The lawsuit did not specify which subsections or provisions of Caltrans’ California Highway Design Manual, California Manual on Uniform Traffic Controls or Government Code was violated by the county, their response said.
“All this vagueness and ambiguity makes this cause of action uncertain,” the response said.
Additionally, the county argued, the highway design manual does not impose any duty on the county and is meant to be used as information and guidance — not to establish legal standards.
The lawsuit also did not name what barriers, markings or devices should have been installed to warn of the dangerous flooding conditions, the response said.
