Case details

Family: Lack of four-way stop contributed to fatal crash

SUMMARY

$13530000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On Feb. 13, 2017, plaintiff Francisco Oliveros, 49, a factory worker, was driving on the eastbound side of Kimberly Avenue, near its intersection at South Acacia Avenue, in Fullerton. His wife, plaintiff’s decedent Maria Bracamontes, 42, a factory worker, was a front-seat passenger. The couple’s older daughter, plaintiff Cindy Oliveros, 19, a restaurant’s server, was a front-seat passenger, and their younger daughter, plaintiff’s decedent Perla Oliveros, 8, was a rear-seat passenger. When Oliveros reached the intersection, he stopped at a stop sign. When he proceeded into the intersection, his vehicle’s left side was struck by a vehicle that was being driven by Karla Garcia, who was traveling on the southbound side of South Acacia Avenue. The plaintiffs’ vehicle spun, and it struck a vehicle that was being driven by Zalan Acs, who was stopped on the eastbound side of Kimberly Avenue, partially past the stop line, waiting to begin a left turn. The second impact caused significant crush-induced damage. Bracamontes and Perla suffered fatal . Cindy Oliveros claimed that she suffered of her back, a leg and a shoulder. Francisco Oliveros claimed that he suffered of his back and a shoulder. Cindy Oliveros and Francisco Oliveros sued Garcia; her vehicle’s co-owner, Jose Garcia; Acs; his vehicle’s owner, Donat Acs; and the roadway’s maintainer, the city of Fullerton. The lawsuit alleged that Karla Garcia and Zalan Acs were negligent in the operation of their respective vehicles, that their negligence contributed to the accident, that Jose Garcia and Donat Acs were vicariously liable for the actions of the drivers of their respective vehicles, and that the city negligently created a dangerous condition that contributed to the accident. Donat Acs and Zalan Acs were dismissed via summary judgment. The matter proceeded against Jose Garcia, Karla Garcia and the city. Francisco Oliveros claimed that, while he was stopped at the intersection, he saw Karla Garcia approaching but believed he could beat her through the intersection. Although a responding police officer determined that Oliveros failed to yield and was therefore responsible for the accident, plaintiffs’ counsel contended that Garcia should have seen Oliveros’ vehicle in the intersection. The intersection had stop signs on Kimberly Avenue, but not on South Acacia Avenue. Plaintiffs’ counsel claimed that an investigation uncovered a pre-accident report in which it was recommended to the city that a four-way stop be established at the intersection. Plaintiffs’ counsel also claimed that the report included design documents for the intersection containing a four-way stop. Plaintiffs’ counsel contended that the intersection constituted a dangerous condition at the time of the accident because it did not have a four-way stop. Counsel also contended that the city was on notice of the dangers of the intersection, as the investigation also uncovered complaints to the city about the intersection and several accidents that had occurred at the intersection. Defense counsel contended that Oliveros was responsible for the accident by failing to yield the right of way, in violation of Vehicle Code § 21802. Counsel also contended that Bracamontes violated Vehicle Code § 27315 by failing to wear a seat belt and that her violation caused her death and her daughter’s death. Bracamontes’ older son, a resident of Mexico, was added as a nominal defendant. The city’s counsel asserted that the city was immune from design decisions not to include a four-way stop at the intersection and that the prior accidents were not substantially similar to the subject accident., The plaintiffs were transported to a hospital. Perla died that day, and Bracamontes died after two days had passed. Francisco Oliveros claimed that he suffered nonspecific of his back and a shoulder. He underwent a few months of physical therapy, and his resolved. Cindy Oliveros claimed that she suffered a sprain of her right shoulder and nonspecific of her back and a leg. She underwent a few months of physical therapy, and her resolved. Francisco Oliveros and Cindy Oliveros also claimed that they suffered emotional distress from being involved in the accident and witnessing the events giving rise to the deaths of Bracamontes and Perla. They sought recovery of wrongful-death damages for the loss of care, comfort and society stemming from the deaths of Bracamontes and Perla. They also sought recovery of damages for their physical pain and suffering.
COURT
Superior Court of Orange County, Orange, CA

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