Case details

Decedent was speeding in fog prior to crash, defense argued

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
anxiety, depression, mental, psychological
FACTS
At around 6:45 a.m. on Feb. 4, 2015, plaintiffs’ decedent Salvador Vargas Jr., 31, a manager at Walmart, was driving in foggy conditions on westbound State Route 152, heading toward Carlucci Road, in Dos Palos, when his vehicle collided with a 2012 Peterbilt tractor and trailer operated by Douglas Thompson. Vargas died a short time later at a hospital. The decedent’s son, Jeremy Vargas, and the decedent’s parents, Salvador Vargas and Leticia Vargas, sued Thompson and Thompson’s employer and owner of the tractor-trailer, A.L. Gilbert Co. The decedent’s family alleged that Thompson was negligent in the operation of the tractor-trailer and that A.L. Gilbert was vicariously liable for Thompson’s actions. Plaintiffs’ counsel noted that the responding California Highway Patrol officer found Thompson at fault for the accident for failing to yield the right of way to oncoming traffic. Plaintiffs’ counsel contended that visibility at the time of the collision was between 300 and 325 feet and that Thompson told the CHP officer that he did not roll down his windows prior to the crash. Counsel argued that the CHP officer found that Thompson failed to roll down his window to listen for traffic and that Thompson could have taken an alternative route to his destination that would have been safer. Defense counsel contended that Thompson was initially eastbound on State Route 152 when he turned left onto Carlucci Road and then stopped at the median at a stop sign, prior to crossing the westbound lanes and continuing north. Thompson claimed that after he waited several seconds after a few vehicles passed and that without seeing anymore westbound traffic, he proceeded to cross the westbound lane of Highway 152. However, Thompson claimed that he then heard and felt an impact against the side of the trailer when the decedent struck it traveling at about 65 mph in the fog. Thus, defense counsel argued that the decedent was at fault for speeding with approximately 350 feet of visibility, as opined by the defense’s accident analysis expert. Plaintiffs contended that Vargas was driving, 65 mph, which was the speed limit., Salvador Vargas Jr. sustained multiple traumatic and was subsequently taken by ambulance to a local hospital. However, he died shortly thereafter. The decedent was 31 years old. He was survived by his 9-year-old son, Jeremy Vargas, and his parents Salvador Vargas and Leticia Vargas. The decedent’s son’s treating psychologist determined that Jeremy suffered from anxiety, depression and post-traumatic stress disorder as a result of the loss of his father. The psychologist further opined that Jeremy would require intensive psychotherapeutic services for two to three years and intermittently thereafter until he reaches adulthood. Thus, the decedent’s family sought recovery of $11.8 million in total damages, including an unspecified amount in wrongful death damages, an unspecified amount for the loss of past and future financial support, $209,244 in economic loss for Jeremy, and $232,794 in economic loss for Vargas’ parents.
COURT
Superior Court of Madera County, Madera, CA

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