Case details

Drunken driver entrusted with vehicle, caused fatal crash: suit

SUMMARY

$45000000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress
FACTS
On June 16, 2012, plaintiff’s decedent Claudia Fernandez, 38, was purchasing food at a taco truck located in a laundromat parking lot on East Cesar E. Chavez Avenue, which faces the end of an exit for the Golden State Freeway, also known as Interstate 5, in Los Angeles. At the same time, a vehicle operated by Elba Jimenez was traveling on northbound Golden State Freeway as she was being pursued by the California State Highway Patrol. Jimenez refused to pull over and attempted to exit the freeway at the East Cesar E. Chavez Avenue off-ramp. She then ran a red light, entered the laundromat parking lot and struck the taco truck. As a result, Fernandez, who was purchasing food at the taco truck, and another woman, Marlene Alatorre, were struck and killed by Jimenez’s vehicle. Fernandez was pronounced dead at the scene of the accident. Claudia Fernandez’s daughter, Rachel Fernandez, acting individually, as the successor in interest of her mother’s estate, and as guardian ad litem for Claudia Fernandez’s sons, Jeremy Valle, Donovan Valle and Ryan Valle, sued Jimenez and the owner of Jimenez’s vehicle, Maria Rodriguez. The Fernandez/Valle family also sued the state of California; the owner of the parking lot property, Maier-Perlin; and the taco truck operators, Renee Camarena-Santa Cruz and Alejandra Benitez (who was doing business as Danny’s Taco Truck). In addition, the family sued the owner/operator of the laundromat located on Maier-Perlin’s property, Cal-Wash CC, LLC; several other entities that had operated the laundromat at various times, Alliance Laundry Systems LLC, Lucy’s Laundry Mart and PWS inc.; another tenant located on Maier-Perlin’s property, Ace Crash Express Inc.; and another individual, Danny Gonzalez. The Fernandez/Valle family alleged that Jimenez was negligent in the operation of her vehicle, that Rodriguez was negligent for entrusting her vehicle to Jimenez, and that the state of California was negligent for the actions of the CHP officers that pursued Jimenez’s vehicle. They further alleged that Camarena-Santa Cruz and Benitez were negligent for operating Danny’s Taco Truck at a dangerous location, that Maier-Perlin was negligent for allowing the taco truck to be placed in a dangerous location on their property, and that Maier-Perlin was liable because it allowed the taco truck’s customers to use the bathroom on its property. The Fernandez/Valle family ultimately discontinued their claim against the taco truck owners and the previous operators of the laundromat (as none of them had possession or control of the laundromat at the time of the incident). The other tenant, Ace Cash Express, was also dismissed from the case after it was determined that it was closed at the time of the incident and had no involvement with the taco truck, and Danny Gonzalez was also let out of the case. In addition, the state of California moved for summary judgement, and the motion was granted and unopposed by plaintiff’s counsel. Maier-Perlin made a motion for summary judgment on the ground that it owed no duty to the patrons of the taco truck, and that motion was granted. The Fernandez/Valle family and Maier-Perlin ultimately agreed to a $350,000 settlement while an appeal of Maier-Perlin’s summary judgment motion was pending. The claim against Cal Wash CC, LLC was also settled for $642,857.15 prior to trial. In addition, the claims against the owners of Danny’s Taco Truck were voluntarily discontinued, as were claims against several other defendants. Holivia Alatorre (acting individually, as guardian ad litem for Mia Alatorre Cuevas, a minor, and as the successor in interest of Marlene Alatorre’s estate) and Michelle Gonzalez (also acting individually and as the successor in interest of her sister’s estate) also sued Jimenez, Rodriguez, the state of California, Maier-Perlin, Camarena-Santa Cruz, and Benitez. The Alatorre/Gonzalez family brought similar claims against the defendants, seeking recovery of damages for the wrongful death of the other woman killed in the accident, Marlene Alatorre. In addition, Michelle Gonzalez brought a claim of negligent infliction of emotional distress against the defendants. However, the Alatorre/Gonzalez family ultimately settled with Jimenez and Rodriguez prior to trial. Their attorney also dismissed the case against Maier-Perlin, after it won its motion for summary judgment, and settled with Maier-Perlin for a waiver of costs, instead of pursuing an appeal. In addition, Michelle Gonzalez settled her individual claim as part of the Cal Wash settlement. The Alatorre/Gonzalez family then discontinued their remaining claims. Thus, the matter proceeded to trial with the Fernandez/Valle family’s claims against Jimenez and Rodriguez only. Plaintiff’s counsel for the Fernandez/Valle family argued that Rodriguez was aware that Jimenez was intoxicated when she allowed Jimenez to operate the vehicle. Counsel argued that based upon Rodriguez’s own testimony, Rodriguez saw Jimenez drink three shots of tequila before she began to drive the vehicle. Plaintiffs’ counsel further argued that Rodriguez was the sole owner and possessor of the vehicle that Jimenez was driving at the time of the collision and that prior to the incident, Rodriguez had personally handed the keys to Jimenez. Jimenez admitted liability. Rodriguez claimed that she did not believe that Jimenez was drunk at the time that she drove the subject vehicle. Rodriguez’s counsel argued that even though Rodriguez was the owner of the subject vehicle’s title, the vehicle was co-owned by Rodriguez and Jimenez and that they agreed to switch who was in possession of the vehicle every two weeks. Counsel further argued that due to that arrangement, at the time of the accident, Jimenez was in possession of the vehicle., Claudia Fernandez sustained multiple traumatic and died at the scene. She was 38 years old. She was survived by her daughter, plaintiff Rachel Fernandez (then 22); and her three sons, Jeremy Valle (then 15), Donovan Valle (then 12), and Ryan Valle (then 10). Counsel for the Fernandez/Velle family argued that Rachel Fernandez’s life has been drastically changed by the death of her mother, in that she was put into a position of guardianship of her siblings. Counsel further argued that the loss of Claudia Fernandez has caused irreparable emotional damage to the plaintiffs. Thus, the Fernandez/Velle family sought recovery of $200 million dollars in wrongful death damages, including damages for the past and future loss of Claudia Fernandez’s love, companionship, comfort, care, assistance, protection, affection, society, moral support, training and guidance. Defense counsel for Jimenez and Rodriguez argued that the plaintiffs are coping well and that Rachel Fernandez has provided superior guidance to her younger siblings.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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