Case details

Family: Studio’s negligent retention of driver resulted in fatal crash

SUMMARY

$10450000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
death, loss of consortium, loss of society, multiple trauma
FACTS
On Feb. 9, 2011, plaintiffs’ decedent Julio Villamariona, 55, a security guard at the base camp for a television show produced by CBS, was struck by a 15-passenger van carrying actors near the set of the television show “NCIS.” The van was operated by Ralph Blunt, a member of the teamsters union that provides drivers for various television studios on-call. He was in the course and scope of his employment at the time of the accident. Villamariona was pronounced dead at a nearby hospital from sustained in the accident. The decedent’s wife, Zoila Villamariona, and three adult daughters, Yasmara Garcia, Ivania Villamariona and Marcela Villamariona, sued Blunt; the owner of the van, Leo Stefanos; and the production company that created NCIS, Belisarius Productions Inc. The decedent’s family also sued the studio (and its affiliates) that retained Blunt from the teamsters union Local 399, CBS Corp., CBS Studios Inc., CBS Television Service Inc., CBS Television Studios and CBS/CTS Inc. The decedent’s family alleged that the Blunt was negligent in the operation of the van, causing Julio Villamariona’s wrongful death. They also alleged that Stefanos, Belisarius Productions and the CBS entities were liable for Blunt’s actions and that the CBS entities were negligent in the hiring and/or retention of Blunt. Stefanos and Belisarius Productions were ultimately dismissed from the case prior to trial. Plaintiffs’ counsel asserted that Blunt was not qualified to drive a commercial vehicle, such as the subject 15-passenger van, and that CBS was negligent in its hiring and retention practices in regard to Blunt. Counsel noted that CBS hired its drivers through a corporation called Entertainment Partners, which hires and screens drivers through the teamsters union. However, plaintiffs’ counsel contended that evidence regarding Blunt’s medical history was uncovered during discovery, including evidence that Blunt had an episode of losing consciousness at a crowded restaurant and had another episode of Blunt falling asleep while driving a commercial vehicle after an 18-hour shift. Plaintiffs’ counsel contended that Blunt failed to disclose the loss-of-consciousness episodes and various medications he took to any commercial driver fitness determination examiners. Thus, counsel asserted that if Blunt had disclosed the full nature of his medical conditions and medications to personnel that certify drivers’ licenses, he would have been disqualified from driving as a commercial driver long before the subject accident occurred. CBS and Blunt initially maintained that the accident was caused by a medical emergency when Blunt suffered sudden and unexpected loss of consciousness while behind the wheel of the 15-passenger van. Thus, they initially claimed that the accident occurred outside of any negligence and that they were not liable for the decedent’s death. CBS further claimed that Blunt’s personnel records and driving history complied with state law regarding certification of chauffer drivers and that Blunt’s past episodes of losing consciousness did not affect his driving record. In addition, CBS maintained that it did everything possible to hire a driver who had appropriate licenses and no history of any incidents while working on set. In response, plaintiffs’ counsel disputed the defendants’ claim of a sudden-and-unexpected medical emergency on the ground that the defendants had reason to anticipate the onset of the alleged medical condition. Counsel further asserted the accident occurred as a direct result of the defendants’ negligent and reckless conduct. CBS ultimately admitted that Blunt’s negligence caused the decedent’s death, and assumed full liability prior to trial. Thus, the matter proceeded to a trial solely on the issue of non-economic damages., Julio Villamariona sustained multiple traumatic as a result of being struck by a 15-passenger van near the set of the CBS television show NCIS. He ultimately died from at a nearby hospital. He was 55. The decedent is survived by his wife of over 30 years, Zoila Villamariona (age 54), and his three adult daughters, Yasmara Garcia (age 29), Ivania Villamariona (age 27), and Marcela Villamariona (age 33). The decedent’s family claimed that they had a very close and loving family. They presented extensive evidence of their alleged loss of love, companionship, comfort, protection, assistance, affection, guidance and moral support, which included photographs, videos, and testimony from family and friends. Thus, plaintiffs’ counsel asked the jury to award $15 million in non-economic compensatory damages for Zoila Villamariona, and $5 million each for Yasmara Garcia, Ivania Villamariona and Marcela Villamariona. Counsel also asked the jury to award the family an additional $450,000 in stipulated damages for their loss of economic support. (The decedent’s employer, One Shot Security, had gone out of business and did not have workers’ compensation insurance; therefore, the decedent’s family could only seek damages from CBS.) Defense counsel argued that there was a loss of relationship between the decedent and his family. Thus, counsel asked the jury to award the decedent’s wife only $1 million in non-economic compensatory damages and the decedent’s children only $500,000 each (in addition to the $450,000 for the stipulated loss of economic support).
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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