Case details
Farm bus’s excessive speed caused fatal crash: family
SUMMARY
$1000000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
death, multiple trauma
FACTS
On Dec. 27, 2018, plaintiffs’ decedent Juan Diaz, 41, and plaintiffs’ decedent Guillermo Gutierrez, 33, were passengers in a compact vehicle, which was operated by Gildardo Romero, traveling east along State Route 98, in Imperial County. As they were coming out of a curve in the road, their car drifted into the westbound lane and collided head-on with a tractor bus, also known as a farm labor bus, operated by Lucila Arizmendi, who was traveling west along SR-98. Romero, Gutierrez and Diaz all died as a result of the head-on impact in the bus’s lane of travel. Diaz’s wife, Martha Rangel De Diaz; and his three children, Juan Diaz Rangel, Diaz Rangel and Aldo Diaz Rangel, filed a lawsuit against Arizmendi and Arizmendi’s employer, Tanimura & Antle Inc., in Monterey County Superior Court. Gutierrez’s family — Ana Valdez, Jazmin Martinez and Luis Valdez — filed a lawsuit against Romero, as well as against Arizmendi and Tanimura & Antle, in Imperial County Superior Court. The Diaz family’s complaint was ultimately transferred to Imperial County Superior Court, where it was consolidated with Gutierrez’s family’s lawsuit. The families alleged that Romero and Arizmendi were negligent in the operation of their respective vehicles and that Tanimura & Antle was vicariously liable for Arizmendi’s actions. The families also sued the owner of a tractor that was attached to the subject bus, Star Sanitation Services, but the company was ultimately dismissed from the case. Also, Romero’s insurer tendered its minimum policy limit early in order to settle the matter for an undisclosed amount, and Gutierrez’s family settled their claims against Arizmendi and Tanimura & Antle for undisclosed amounts. Thus, the matter continued with the Diaz family’s claims against Arizmendi and Tanimura & Antle only. The Diaz family’s counsel contended that Arizmendi was driving too fast for the road conditions and failed to keep a proper lookout down the road. Counsel also had accident reconstruction animations that allegedly showed that had Arizmendi been driving at a safer speed, the Romero car would have either missed the bus, or had time to correct itself and re-enter the proper lane. Defense counsel for Arizmendi and Tanimura & Antle contended that the driver of Diaz’s vehicle, Romero, caused the crash by crossing over into oncoming traffic immediately prior to impact., Juan Diaz sustained multiple traumatic and died at the scene. He was survived by his wife and three children. The Diaz family sought recovery of wrongful death damages for the loss of the decedent’s love, companionship, comfort, care, assistance, protection, affection, society and moral support.
COURT
Superior Court of Imperial County, El Centro, CA
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