Case details

Family claimed employer liable for driver that caused fatal crash

SUMMARY

$8500000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
death, loss of society, multiple trauma
FACTS
On Nov. 8, 2012, plaintiffs’ decedent Paul Katuszonek, 30, an off-duty Oakdale police officer, was driving a Honda Civic on Highway 132 in an unincorporated area of Modesto. After stopping approximately one mile east of Faust Road due to a road closure by the State of California, Department of Transportation, his vehicle was rear-ended by a tractor-trailer operated by Jose Santos Hermosillo. The collision caused Katuszonek’s vehicle to be propelled into the vehicle stopped in front of him, which was operated by Julio Madrigal, and, in turn, was propelled into a Caltrans worker, Brian Smith, who was flagging motorists to stop at the road closure. Katuszonek was killed instantly in the accident. The decedent’s wife, Shannon Katuszonek, and daughter, Ava Katuszonek, sued Hermosillo; Hermosillo’s employer, Gold Star Foods Inc.; the company’s alleged joint venture, Gold Star Foods Service Inc. and Prospect Partners, LLC; the registered owner of the tractor and trailer, Nikabar Inc.; and the State of California, Department of Transportation. The decedent’s family alleged that Hermosillo was negligent in the operation of the tractor-trailer, and that Gold Star Foods Inc., Gold Star Foods Service, Prospect Partners and Nikabar were vicariously liable for Hermosillo’s actions. They also alleged that Gold Star Foods Inc. negligently hired, controlled and supervised Hermosillo, as well as negligently entrusted commercial vehicles to Hermosillo. In addition, they sued Gold Star Foods Service and Prospect Partners under joint venture liability, and sued Caltrans for creating a dangerous condition by failing to properly sign, warn of the road closure and/or properly control the flow of traffic through the road closure. Smith and Madrigal filed separate lawsuits against Gold Star Foods and Hermosillo as a result of the collision, but their claims were settled separately. Caltrans was also later dismissed from the case after it was determined during discovery that Caltrans had provided adequate signage and precautions to warn motorists about the road closure. Thus, the decedent’s wife and daughter continued with their claims against the remaining defendants. The California Highway Patrol issued its preliminary traffic collision report shortly after the collision. However, the more detailed Major Accident Investigation Team report was not completed, and the interim results and findings were not made available to the parties until after the conclusion of the case. Plaintiffs’ counsel contended that Hermosillo was scheduled to drive and had been driving for nearly 23 hours with only 4.5 hours’ rest when his truck collided into the rear of Katuszonek’s vehicle at 55 mph. Counsel also contended that Hermosillo had repeatedly falsified his driver logs to make his drive times and hours of service appear to be compliant with the hours of service restrictions set forth in Federal and California State laws governing commercial truck drivers. Counsel further contended that records from the GPS system on the Gold Star truck proved that Hermosillo was actually driving at times when he was reportedly resting or off duty. In addition, plaintiffs’ counsel contended that witnesses testified at depositions that Hermosillo’s truck was weaving at highway speeds as it approached the road closure and Katuszonek’s vehicle, and was only approximately 100 feet from Katuszonek’s vehicle before Hermosillo ever attempted to apply his vehicle’s brakes to stop the tractor-trailer. Gold Star Foods Inc. and Gold Star Foods Service admitted that at the time of the collision, Hermosillo was operating the tractor-trailer in the course and scope of his employment with Gold Star Foods, but denied liability for the plaintiffs’ damages. Prospect Partners denied that it was a joint venture with the Gold Star Foods entities and denied any liability to the plaintiffs. Nikabar claimed that it sold the tractor and trailer to Gold Star Foods prior to the collision, but that it had failed to change the registered ownership of the vehicles. Thus, it admitted that it was the registered owner of the tractor and trailer at the time of the collision and agreed to pay the maximum statutory permissive-user liability under Vehicle Code § 17150(a)., Paul Katuszonek died instantly in the collision. He was 30. The decedent is survived by his wife and his 2-year-old daughter. Thus, the decedent’s wife and daughter each sought recovery of wrongful death damages, including recovery for their loss of the decedent’s love, affection, society and support.
COURT
Superior Court of Stanislaus County, Modesto, CA

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