At around 6:40 a.m. on Oct. 31, 2012, plaintiffs’ decedent Juan Chavez Jaramillo, 34, a field worker, was a passenger in a Honda Civic operated by Victor Luquin Pamatz. As they were traveling north on Silliman Road, in Soledad, Pamatz attempted to cross railroad tracks and the passenger side of his vehicle was struck by a Union Pacific Railroad train. Pamatz’s car spun 180 degrees and was pushed off the tracks, eventually colliding with a pole. Pamatz had minor , while Jaramillo, who was wearing a shoulder harness but not a lap belt, died immediately at the scene. Jaramillo’s minor children, Sarai Chavez and Julian Chavez, acting by and through their guardian ad litem, Seferino Chavez, sued Pamatz; the owner Pamatz’s vehicle, Ornelas Sanchez; Union Pacific Railroad; and the owner of a packing plant that accessed the road that the railroad crossing was on, OP Murphy & Sons. Plaintiffs’ counsel asserted that Pamatz was not attentive to the railroad crossing sign or the grave danger that presented. Counsel contended that the railroad engineer should not have been proceeding at about the speed limit on that track in the dark, considering the poor visibility and weather conditions, especially in an area where other fatal train crashes had taken previously place, and in a location where field workers and packing plant employees were anticipated to be coming to their workplace. Plaintiffs’ counsel also contended that there should have been active warning devices, considering the earlier fatal accidents at the subject location and other nearby identical locations. Plaintiffs’ counsel further contended that OP Murphy should have taken reasonable steps to make sure the railroad crossing area was safe from exactly the type of danger that occurred. OP Murphy contended that it had no ownership or easement interest, so it had no obligation or control over the subject crossing intersection. Union Pacific’s counsel asserted that Pamatz made a right turn and drove his car in front of the special geometry car train at the private railroad crossing after failing to stop for a stop sign. Counsel contended that the crossing was protected by a stop sign and a standard rail crossing sign, as mandated by the California Public Utilities Commission. Counsel also contended that there were additional signs that warned, in both English and Spanish, to look both ways before crossing the tracks. Union Pacific’s counsel asserted that while there were no active warning devices at the crossing, the train had its headlights on and illuminating, as legally required, and was traveling below the legal speed limit. Counsel further asserted that the train had been blowing its horn for a quarter of a mile prior to the collision and that it was blowing its horn in the required sequence before the impact. Thus, Union Pacific’s counsel asserted that Pamatz, who pleaded guilty in criminal court to violating California’s stop, look, and listen law, was responsible for the collision. In addition, counsel contended that the combination of warning signs, locomotive lights, train horn and whistle, and the presence of the track served as adequate warnings for a driver who was paying attention. Pamatz claimed that he did not notice any signs warning of a train crossing. He contended that the warning sign was not apparent or obvious enough to put him on substantial notice of the danger, as he did not speak English, and that the accident happened during only the second time he had presented at that crossing, in that direction, in the dark and fog., Jaramillo died immediately at the scene. He was 34 years old and is survived by his children, Sarai, age 10, who lived in Salinas with her mother, and Julian, age 13, who lived in Mexico with his grandmother. The modest funeral and burial expenses were paid by Jaramillo’s co-workers. Thus, Sarai and Julian sought recovery of wrongful death damages for the loss of their father.