Case details
Employers liable for fatal crash with cement truck, family alleged
SUMMARY
$3000000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
death, multiple trauma
FACTS
On Sept. 22, 2014, plaintiff’s decedent Theresa Vargo, 51, a medical office manager, was making a left turn from State Route 20 (also known as Eric W. Rood Memorial Expressway) onto Rough and Ready Highway, in Nevada County, when she was broadsided by a 2003 Kenworth cement truck operated by James Ennenga of Hanford Sand and Gravel Inc. Ennenga was traveling down the hill on State Route 20 when his cement truck entered the intersection on a red light, resulting in the collision that destroyed Vargo’s vehicle. Vargo subsequently died at the scene. Vargo’s three children — Tonka Doster, Allen Dickinson and Daniel Dickinson – sued Ennenga and Ennenga’s employers, Hanford Sand and Gravel Inc. and Garston Equipment Rental Inc. Vargo’s husband, Peter Callaham, also sued Ennenga, Hanford Ready-Mix Inc., and Hanford Sand and Gravel Inc., as well as sued another employer of Ennenga, Garston Equipment Rental Inc., and the owner of the three companies, Preston Hanford III. The actions were ultimately consolidated. Plaintiffs’ counsel contended that Ennenga was negligent in the operation of his cement truck and that his employers were vicariously liable for Ennenga’s actions. Ennenga claimed that he had issues with his brakes approximately one week before the subject accident. Thus, he claimed that when he was driving the cement truck on the day of the incident, he was unable to stop his truck prior to entering the intersection and impacting Vargo’s vehicle. Ennenga claimed that as a result, he blared his horn and attempted to avoid a collision, but was unable to do so. During discovery, the defendants admitted that, at the time of the accident, Ennenga was driving within the course and scope of his employment with Hanford Sand and Gravel Inc. and that the negligence of the defendants were the substantial contributing factors to Vargo’s death., Vargo, 51, sustained multiple traumatic and died at the scene. She was the longtime partner of, and newly married to, Callaham. She was also the mother of three children, now adults, from her first marriage. Thus, Vargo’s family sought recovery of wrongful death damages. Callaham also sought recovery for the loss of Vargo’s love and joy. Vargo’s children also sought recovery for the loss of care, comfort, support, and society due to the death of their mother. Vargo’s family also initially sought recovery of punitive damages, but defense counsel successfully precluded the plaintiffs’ punitive damages claims, as the court found there was an insufficient basis to find malice. Defense counsel disputed the extent of the damages alleged by each plaintiff.
COURT
Superior Court of Sacramento County, Sacramento, CA
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