Case details

Dust from orchard resulted in multiple vehicle crash: family

SUMMARY

$2250000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
back, cervical disc injury, chest, fracture, hemopneumothorax, leg, neck, rib, sternum
FACTS
At around 3 p.m. on Oct. 14, 2015, plaintiffs’ decedent Jose Aceves Cuellar, 61, a laborer, was driving home from work at Kings River Commodities, in Laton. As he was traveling on northbound State Route 43, also known as the Central Valley Highway, near Cairo Avenue, in Fresno, a heavy dust cloud coming from the orchard owned by Tos Farms Inc., located east of the highway, engulfed the entire two-lane road. As a result, a total of four vehicles were involved in a domino-like collision. Plaintiff Pedro Serrato Rivera was operating another vehicle, the first vehicle in the line of four vehicles that were involved in the crash. Aceves Cuellar’s black Tahoe was crushed between a Southwest Transportation school bus operated by Melissa Gone and a tractor-trailer operated by Carl Hunt, who had leased the tractor that day. Aceves Cuellar was subsequently pinned in the vehicle for over 45 minutes before being extricated by firefighters. He eventually died at the hospital. Aceves Cuellar’s wife and children sued the owner of the orchard, Tos Farms Inc.; the driver of the tractor-trailer, Carl Hunt; the company that leased the tractor-trailer Carl Ray Hunt Trucking Inc.; the owners of the tractor-trailer, Numark Transportation Inc. and Four Warns Corp.; the driver of the school bus, Melissa Gone; and the owner of the bus, Southwest Transportation Agency. Serrato Rivera also sued the defendants, but settled out of the case confidentially. Witnesses testified that the dust cloud was like a blanket coming onto the road, resulting in zero visibility. Plaintiffs’ counsel contended that Tos Farms was negligent in its walnut harvesting operations, which created the heavy dust cloud that caused the multi-vehicle accident. Counsel also contended that Hunt was negligent in the operation of the 1994 Kenworth semi-tractor that struck the Aceves Cuellar’s black Tahoe. Specifically, counsel asserted that Hunt had a higher duty of care because he was operating a commercial semi-tractor vehicle, but that Hunt failed to stop in time to avoid the collision. Plaintiffs’ counsel further contended that Numark Transportation and Four Warns Corp., which owned the semi-tractor involved in the accident, were liable for Hunt’s actions, as the companies leased the vehicle to Hunt on the subject date, just hours before the subject accident. Plaintiffs’ counsel noted that the California Highway Patrol cited Numark Transportation and Four Warns Corp. for multiple vehicle code violations as a result of the brakes on the semi-tractor being out of adjustment. Thus, counsel asserted that Numark Transportation and Four Warns Corp. were negligent for failing to keep the tractor-trailer properly maintained. Plaintiffs’ counsel noted that the heightened standard of care for commercial drivers under 49 C.F.R. § 392.14, applied equally to the driver of the school bus, Gone, who allegedly slammed on her brakes right before the subject accident. Accordingly, plaintiffs’ counsel asserted that Gone failed to use extreme caution in operating a commercial vehicle., Jose Aceves Cuellar became pinned in his vehicle for over 45 minutes before being extricated by firefighters. He was conscious the entire time, without pain medications. Aceves Cuellar was rushed to the Intensive Care Unit of Community Regional Medical Center, in Fresno. He was diagnosed with multiple traumatic , including open fractures of both lower extremities; cervical at the C5, C6 and C7 levels; right and left rib fractures from ribs one to seven; a sternum fracture; a thoracic fracture at the T1 level; and bilateral hemopneumothorax. Aceves Cellar subsequently underwent a month of extensive medical care in the ICU. His family claimed that they watched as he underwent multiple surgical interventions and as his condition continued to deteriorate. During that time, he underwent bilateral, below-the-knee leg amputations; had multiple atrial fibrillations and cardioversions; and developed fungal infiltration and infections. He ultimately succumbed to his on Nov. 15, 2015. Plaintiffs’ counsel contended that Aceves Cuellar’s medical costs totaled $1,209,471.99, which was paid by MediCal at a total of $117,865.36. Thus, the decedent’s wife (Maria Barbosa Avila) and children (Sergio Aceves Barbosa, Javier Aceves Barbosa, Maria Aceves Barbosa, Jose Aceves Barbosa, Lorenzo Aceves Barbosa, Melquiades Aceves Barbosa, Janett Aceves Barbosa, Juan Aceves Barbosa, and Angelica Aceves) sought recovery of wrongful death damages. They also sought recovery of punitive damages against Tos Farms based on its alleged actual knowledge of the dangers of dust from harvesting operations following a very similar 2008 multi-vehicle collision.
COURT
Superior Court of Fresno County, Fresno, CA

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