Case details

Family: Failure to repair leaking transmission caused fatal fire

SUMMARY

$3500000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
carbon monoxide poisoning, death, loss of parental guidance, loss of society
FACTS
On March 23, 2010, plaintiffs’ decedent Amarjit Khunkhun, 46, an independent truck driver, was helping his friend, Avtar Gill, also an independent truck driver, bring his truck back when it caught fire. Gill was initially driving a 2000 Freightliner, owned by his wife, when he took an assignment from a local dispatcher to deliver produce from Oklahoma to Ohio on March 19, 2010. During the assignment, he heard a ticking noise coming from the transmission. As a result, he exited the highway and pulled into a Flying J truck stop near Geary, Okla., where he spoke with an individual about his transmission. The individual, who was not an employee of the truck stop, poured approximately one quart of fluid into the transmission. Gill claimed that this reduced the noise, but did not make it go away. After leaving the Flying J, Gill traveled 60 miles down the road and then stopped at a Phillips 66 gas station, where he left his truck and contacted his dispatcher, who advised him not to take the truck any further. At that point, Gill contacted Khunkhun, who was also making deliveries from Oklahoma to Ohio. Khunkhun showed up in another truck and helped Gill deliver his load, as well as the load Khunkhun was hauling. After delivering the loads, Gill and Khunkhun went to pick up the subject truck on March 22, 2010. They drove it 250 miles when the sound in the transmission stopped. Since Khunkhun was not feeling well, Gill agreed to complete Khunkhun’s delivery to California, while Khunkhun would take Gill’s truck. As a result, Khunkhun drove Gill’s truck 135 miles before stopping on the side of Interstate 40, near San Jon, N.M., just west of the Texas border. However, while stopped on March 23, 2010, a transmission leak caused a fire underneath the cab of the subject truck, causing it to become fully engulfed in flames. Khunkhun was found completely burned in the sleeping compartment with his wallet under his mattress. It was determined that he died at the scene due to 51 percent carbon monoxide in his blood as a result of the fire. The decedent’s wife, Jaswant Khunkhun; his daughter, Prabhdeep Khunkhun; and his sons, Danvir Khunkhun and Tajit Khunkhun, sued Avtar Gill and Avtar Gill’s wife, Jaswinder Gill, as owners of GMG Trucking Inc. Plaintiffs’ counsel argued that the defendants failed to inspect and maintain the truck. Specifically, counsel contended that when Mr. Gill stopped at the Flying J truck stop and added three gallons of oil, he should have known that the transmission was leaking. Thus, plaintiffs’ counsel argued that the defendants were aware of the leaking transmission and that despite this, failed to fix the leak prior to allowing the decedent to operate the truck. Defense counsel argued that there was no explanation as to how the fire started, but noted that the decedent did not go out to investigate problems with the truck, even though he was also a truck driver. Counsel also noted that it was determined from local authorities that the fire started in the cab of the truck, probably from a camp stove that was unattended. The defense’s experts supported Mr. Gill’s theory that the fire started in the cab of the truck. In response, plaintiffs’ counsel argued that no stove or propane was found in the charred truck’s remains. In addition, plaintiffs’ counsel contended that Mr. Gill, who did not speak English and testified through an interpreter, was impeached several times., Amarjit Khunkhun was found completely burned in the sleeping compartment of Mr. Gill’s truck on March 23, 2010. It was determined that he died at the scene due to 51 percent carbon monoxide in his blood as a result of the fire. He was 46 years old and he was survived by his 46-year-old wife, Jaswant Khunkhun, his 20-year-old daughter, Prabhdeep Khunkhun, and his sons, Danvir Khunkhun and Tajit Khunkhun, ages 18 and 16, respectively. The decedent’s family sought recovery of wrongful death damages.
COURT
Superior Court of Fresno County, Fresno, CA

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