Case details

Children: Father fatally struck by city employee’s pickup truck

SUMMARY

$2000000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
multiple traumatic injuries
FACTS
At around 9:48 a.m. on Nov. 23, 2013, plaintiffs’ decedent Wen Zhao Ruan, 89, was walking within a crosswalk at the intersection of Ynez Avenue and Newmark Avenue, in Monterey Park, when he was struck by a Ford F-350 pickup truck operated by Matthew Contreras. Ruan sustained multiple traumatic and ultimately died at a hospital about eight hours after the incident. The decedent’s five adult children sued Contreras and his employer the city of Monterey Park. The decedent’s family alleged that Contreras was negligent in the operation of the pickup truck and that the city was liable for Contreras’ actions while acting in the course and scope of his employment at the time of the incident. At the request of the city, Contreras was subjected to a drug test, and he tested positive for (high-level) carboxy-THC. Thus, during the discovery phase of the case, the city stipulated to liability., Wen Zhao Ruan sustained multiple traumatic and was subsequently taken to a hospital. He ultimately died approximately eight hours after the subject collision. He was 89 years old. He was survived by his four adult daughters, Bao Qiong Ruan, then age 60; Ruo Wei Ruan, then age 59; Ruo Ying Ruan, then age 57; and Ruo Yu Ruan, then age 53. He was also survived by his adult son, Zi Fang Ruan, then age 51. It was agreed that at the time of the collision, the decedent’s life expectancy was an additional 4.5 years. In addition, prior to the commencement of trial, the parties stipulated to the plaintiffs’ punitive-damages claim and stipulated that Contreras would be dismissed from the case, in exchange for the defense agreeing to not to mention any health issues involving the decedent prior to his death. Thus, at trial, the decedent’s five children sought recovery of wrongful death damages related to the loss of their father. Plaintiffs’ counsel asked the jury to award the decedent’s family $20 million in total damages. Defense counsel suggested that something in the vicinity of $1.3 million was more reasonable.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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