Case details

Defense claimed truck did not cause speeding car’s crash





Result type

Not present

collarbone, fracture, leg, shoulder
On Aug. 11, 2010, plaintiff Kuldeep Kaur, 47, a farm worker, was driving his sedan on Highway 99 in Yuba City with his son, plaintiff Parvinder Kaur, 23, a student, as a passenger when they came upon a dump truck pulling a chipper just north of Bogue Road. Their vehicle ultimately swerved into oncoming traffic, resulting in a head-on accident with another vehicle. Kuldeep Kaur claimed a leg injury and his son claimed a collar bone injury from the accident. Kuldeep and Parvinder Kaur sued the driver of the dump truck, Michael Lindeman, and his employer, Richard’s Tree Services. They alleged that Lindeman was negligent in the operation of the truck and that since he was in the course of his employment, Richard’s Tree Services was vicariously liable for Lindeman’s actions. The Kaurs claimed that Lindeman’s dump truck abruptly cut in front of them, forcing their vehicle to swerve into oncoming traffic and crash into another vehicle. They alleged that Lindeman’s failure to keep a proper lookout and action of abruptly pulling in front of them caused the subsequent accident with the other vehicle. Lindeman claimed that the plaintiffs’ vehicle approached his truck from behind at a high rate of speed and ignored his turn signal. He also claimed that in an effort to get around his truck, the Kaurs’ vehicle pulled around him, still at a high rate of speed, swerving into oncoming traffic. Defense counsel presented five witnesses who supported the defendant’s version of the accident. Two witnesses were employees of Richard’s Tree Services and three were independent eyewitnesses who testified that the Lindeman’s truck was nowhere near the plaintiffs’ vehicle when it cut into traffic. In addition, the defense’s accident reconstruction expert opined that if the accident had happened in the manner described by the plaintiffs, Lindeman would not have been able to see their vehicle., The Kaurs were taken from the scene via ambulance. Kuldeep Kaur suffered a femur fracture just above the right knee and multiple fractures of the right foot. He subsequently underwent at least one surgery to repair the fracture, including the implantation of hardware. According to plaintiff’s counsel, Kuldeep Kaur is a candidate for a future knee replacement. Parvinder Kaur suffered a broken collar bone. At trial, the plaintiffs sought recovery of $400,000 in past and future special damages and fair compensation for general damages.
Superior Court of Sutter County, Sutter, CA

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