Case details
Market caused fatal accident by allowing driver on grounds: family
SUMMARY
$6300000
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
brain, fracture, head, internal bleeding, skull
FACTS
On April 1, 2016, plaintiffs’ decedent Armando Martinez, 74, was a customer at the Whittier Uptown Association Farmers Market when he was struck by a vehicle operated by Maria Acuna, who was driving in reverse at approximately 5 mph. Martinez landed on his head and subsequently died. The decedent’s wife, Rosemarie Martinez (acting individually and as her husband’s estate’s successor-in-interest), and his two adult daughters, Yvette Tanner and Annette Gomez, sued Acuna; the market vendor that Acuna worked for, Luis Alberto Silva, individually and doing business as La Bahn Ranch; and the legal names of the market vendor, Whittier Uptown Association and Whittier Uptown Association Farmers Market. The decedent’s family alleged that Acuna was negligent in the operation of her vehicle and that Silva was vicariously liable for Acuna’s actions. They also alleged that Whittier was negligent for allowing Acuna to drive through the market, creating a dangerous condition. Plaintiffs’ counsel contended that at the time of the incident, the market was open for business and that Acuna was permitted by the market manager to drive onto the market grounds to set up her vendor tent, despite the known danger posed to customers. Counsel also contended that Whittier was 100 percent responsible for the collision because, as its management admitted in deposition, it was supposed to keep vehicles off the property after the market opened for business. Counsel argued that Whittier violated a safety rule that would have prevented the fatal incident. Prior to trial, Whittier and Acuna admitted that they were negligent in causing the fatal collision, but Whittier claimed that Acuna should be held responsible for a significant majority of the blame because she was the driver of the vehicle that struck the decedent. Defense counsel for Acuna and Silva argued that Whittier was 100 percent responsible for the decedent’s death because of Whittier’s lack of security and violation of its own safety rules., Armando Martinez fell back and struck his head, sustaining a skull fracture and significant brain bleeding. He was taken to a hospital, where attempts were made to save his life. He was ultimately pronounced dead. He was 74 years old. Martinez was survived by his wife, Rosemarie Martinez, and his two adult daughters, Yvette Tanner and Annette Gomez, with whom he allegedly had an extremely close relationship. Plaintiff’s counsel called a number of witnesses to testify about the close relationship the decedent had with his wife and children. The decedent’s family sought recovery of wrongful death damages. Whittier’s counsel argued that the decedent’s family should be awarded under $1 million in damages for the loss of their husband and father. Specifically, counsel argued that Whittier should only owe less than $250,000 to the family and that anything additional should be the responsibility of Acuna.
COURT
Superior Court of Los Angeles County, Long Beach, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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